Agenda 07/08/2014 Item #16C107/8/2014 16.C.10.
EXECUTIVE SUMMARY
Recommendation to award Contract #14 -6213 for general utility services to Douglas N. Higgins, Inc.,
Haskins, Inc., Kyle Construction, Inc., Mitchell & Stark Construction Co., Inc., Quality Enterprises
USA, Inc., and Southwest Utility Systems, Inc.; and, authorize the Chair to sign and execute the contract
after final approval by the County Attorney's Office.
OBJECTIVE: Obtain cost - effective and timely utility contracting services.
CONSIDERATIONS: Several departments within the Public Utilities Division, as well as in other
Divisions in the County Manager's Agency, routinely require the services of utility contractors for
capital projects, and for both scheduled and unscheduled repair work. The scope of the contract
includes plant work and underground repair and installation of water mains, force mains, and gravity
mains. All work will be issued per the requirements outlined in the contracts that will be executed with
each of the selected firms: Douglas N. Higgins Inc., Haskins, Inc., Kyle Construction, Inc., Mitchell
& Stark Construction Co., Inc., Quality Enterprises USA, Inc., and Southwest Utility Systems, Inc.
A Request for Proposal was advertised on April 4, 2014. Notices were sent to 1,950 firms with
seven vendors submitting full packages. All responses were deemed to meet the requirements of the
Request for Proposal. The selection committee selected the top six ranked firms and a contract
has been negotiated with each by the Purchasing Department. The solicitation anticipated that only
certain contractors would be on rotation for emergency work, however, after discussion with Public
Utilities staff, Addendum 2 was issued to clarify that all contractors would be required to perform
within the emergency work on -call rotation.
This contract replaces Contract #08 -5011 Underground Utility Contracting Services, which expires on
September 10, 2014 or when a new contract is awarded and executed. Staff recommends that the Board
approve Contract 14 -6213 with an immediate effective date upon Board approval; and expire Contract
08 -5011 upon award of the new contract. Any outstanding orders issued under Contract 08 -5011 will
continue through their final and completed acceptance by staff.
FISCAL IMPACT: Funding is available in, and is consistent with, the FY14 budget approved by
the Board of County Commissioners on September 19, 2013. Sources of funding include the Collier
County Water -Sewer District Operating Fund (408), the Water User Fee Fund (412), and the
Wastewater User Fee Fund (414). Other County Manager's Agency departments using this contract
will provide funding from their respective budgets. The exact fiscal impact will depend on the amount
of required repairs and installations of new assets during the life of the contract; however, countywide
historical annual spending has approximated $7,000,000 per fiscal year.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. —SRT
GROWTH MANAGEMENT IMPACT: This contract meets current Growth Management
Plan standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board
of the Collier County Water -Sewer District, award Contract #14 -6213 to Douglas N. Higgins Inc.,
Haskins, Inc., Kyle Construction, Inc., Mitchell & Stark Construction Co., Inc., Quality Enterprises
USA, Inc., and Southwest Utility Systems, Inc.; and, authorize the Chair to sign and execute the
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contract after final approval by the County Attorney's Office.
Prepared By: Tom Chmelik, P.E., PMP, Planning and Project Management Director
Attachments:
1 - Contract 14 -6213 Douglas N. Higgins Inc.
2 — Haskins Agreement
3 —Kyle Construction Agreement
4 — Quality Enterprises Agreement
6 — Southwest Utility Systems Agreement
7 - RFP Solicitation 14 -6213 — Utility Contractors (final draft)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.C.16.C.10.
Item Summary: Recommendation to award Contract #14 -6213 for general utility services
to Douglas N. Higgins, Inc., Haskins, Inc., Kyle Construction, Inc., Mitchell & Stark Construction
Co., Inc., Quality Enterprises USA, Inc., and Southwest Utility Systems, Inc.; and, authorize the
Chair to sign and execute the contract after final approval by the County Attorney's Office.
Meeting Date: 7/8/2014
Prepared By
Name: ChmelikTom
Title: Director - Public Utilities Engineering, Public Utilities Engineering
6/16/2014 2:43:46 PM
Submitted by
Title: Director - Public Utilities Engineering, Public Utilities Engineering
Name: ChmelikTom
6/16/2014 2:43:47 PM
Approved By
Name: HapkeMargie
Title: Recycling Coordinator, Solid & Hazardous Waste Management
Date: 6/19/2014 9:14:19 AM
Name: Steve Messner
Title: Director - Water, Water
Date: 6/19/2014 12:22:41 PM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 6/20/2014 12:03:56 PM
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 6/20/2014 3:15:25 PM
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Name: RodriguezDan
Title: Director - Solid Waste, Solid & Hazardous Waste Management
Date: 6/23/2014 12:10:51 PM
Name: BrilhartBrenda
Title: Procurement Specialist, Purchasing & General Services
Date: 6/23/2014 12:11:00 PM
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/23/2014 3:59:56 PM
Name: MarkiewiczJoanne
Title: Director - Purchasing/General Services, Purchasing & General Services
Date: 6/23/2014 4:00:04 PM
Name: MarkiewiczJoanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 6/23/2014 4:12:40 PM
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 6/23/2014 4:48:02 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/24/2014 10:27:16 AM
Name: FinnEd
Title: ManagementBudget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/25/2014 9:33:30 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/26/2014 5:24:37 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 6/27/2014 3:17:17 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/1/2014 3:17:31 PM
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AG R E E M E N T 14-6213
for
Underground Utility Contractors
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 Douglas N. Higgins Inc., as a authorized to do
business in the State of Florida, whose business address is 4485 Enterprises Ave., Naples Florida 34104
(hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT: The Contract shall be for a period of twenty -four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders /Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. 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 six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as- needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14 -6213 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 Quotation procedure 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.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field /Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of weeks.
This Contract is divided into two (2) categories, Field /Underground Utilities and Plant/Facility Utilities.
Category
Contractors
Mitchell & Stark Construction Co., Inc.
Field/Underground
Douglas N. Higgins Inc.
Utilities
Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category
Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities
Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emergency Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14 -6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. 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:
Douglas N. Higgins Inc.
4485 Enterprises Ave.
Naples, Florida 34104
Phone: (239) 774 -3130
Fax: (239) 774 -4266
Attn: Brady L. Bartolone, V.P.
BrandvBOdnhingins.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall
be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department,
first class mail service, postage prepaid, addressed to the following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
6. 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.
7. 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.
8. 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-
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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.
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. 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.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and /or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
17. 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.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. 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 written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. 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))). If Contractor observes that the Contract
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. 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.
24, 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.
25. 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.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B ".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division.
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14 -6213, any addenda, any
Quotation/Work Order /Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/Work Order /Purchase Order.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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.
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.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any
Contractor's work operations. This provision is non - negotiable by any department and /or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Douglas N. Higgins Inc.
Contractor
By:
Signature
Print Name and Title
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OV4
EXHIBIT A
PUBLIC PAYMENT BOND
7/8/2014 16.C.10.
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,
then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
N WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of
, as of
behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
20_, by
_, a corporation, on
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by as
of , Surety, on behalf of Surety. He /She is personally known to me
OR has produced as identification and who did (did not) take an oath,
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT A -2
PUBLIC PERFORMANCE BOND
7/8/2014 16.C.10.
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as
a corporation,
He /She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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of
on behalf of the corporation.
as identification and
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
The foregoing instrument was acknowledged before me this day of 20 , by
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced _
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ( "Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
20 for the period from to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment
No.
BY:
ITS:
DATE:
Witnesses
STATE OF
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of ,
20 , by , as of
, a corporation, on behalf of the corporation. He /she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
FROM: (Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
Bid No. 14 -6213
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
RE: (Project
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued $
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
$
$
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
"IONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO. CONTRACT NO. 14 -6213
BCC Date:
Agenda Item:
TO: Name of Contact: Company Name: Company Address
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 20
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit
FOR THE (Additive) (Deductive) Sum of: $ ($_... J; write out in words.
Original Agreement Amount $
Sum of Previous Changes $
This Change Order add or deduct $
Present Agreement Amount $
The time for completion shall be increased or decreased by calendar days due to this Change Order.
Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final
completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if
the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Prepared by:
Date:
name, Project Manager
department name
Approved By:
Date:
name, Design Professional (may not apply)
firm name
Accepted by:
Date:
firm - principal's signature, name & title
firm name
Approved by:
Date:
Department Director, Department
Approved by:
Date:
Division Administrator, Division
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AGREEMENT14 -6213
for
Underground Utility Contractors
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 Haskins, Inc., as a authorized to do business in the
State of Florida, whose business address is 10956 Enterprise Avenue, Bonita Springs, Florida 34135
(hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT: The Contract shall be for a period of twenty -four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders /Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. 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 six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as- needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14 -6213 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 Quotation procedure 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.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field /Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of weeks.
This Contract is divided into two (2) categories, Field /Underground Utilities and Plant/Facility Utilities.
Category
Contractors
Mitchell & Stark Construction Co., Inc.
FieldlUnderground
Douglas N. Higgins Inc.
Utilities
Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category
Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities
Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emergency Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14 -6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. 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:
Haskins, Inc.
10956 Enterprise Avenue
Bonita Springs, Florida 34135
Phone: (239) 947 -1846
Fax: (239) 941 -3857
Attn: Harlan Haskins, President
hhaskins(aahaskinsinc.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
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.
6. 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.
7. 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.
8. 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.
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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.
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. 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.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and /or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
17. 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.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. 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 written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D° to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. 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))). If Contractor observes that the Contract
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. 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.
24. 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.
25. 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.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. if
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B ".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division.
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14 -6213, any addenda, any
Quotation/Work Order /Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/Work Order /Purchase Order.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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.
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.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any
Contractor's work operations. This provision is non - negotiable by any department and /or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Haskins, Inc.
Contractor
By:
Signature
Print Name and Title
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EXHIBIT A
PUBLIC PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That
7/8/2014 16.C.10.
Bond No.
Contract No. 14 -6213
as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,
then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
By: _
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20_, by
, as of a
behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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corporation, on
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
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The foregoing instrument was acknowledged before me this day of
20_, by as
of Surety, on behalf of Surety. He /She is personally known to me
OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT A -2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond
executors, personal representatives, successors and assigns, jointly and severally.
ourselves, our heirs,
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. it is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
'n no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as of
a corporation, on behalf of the corporation.
He /She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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.J
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
The foregoing instrument was acknowledged before me this day of 20 , by
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced _
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
_ who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ( "Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20 for the period from to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment
No.
BY:
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
20 , by , as of
, a corporation, on behalf of the corporation. He /she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
DATE: (Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
'i
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(County Project Manager)
Bid No. 14 -6213
(County Department)
Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
Application Date
FROM:
(Contractor's Representative)
Payment Application No.
(Contractor's Name)
for Work accomplished through
the Date:
(Contractor's Address)
RE:
(Project
Name)
Original Contract Time:
Original Contract Amount:
$
Revised Contract Time:
Total Change Orders to Date
$
Revised Contract Amount
$
Total value of Worts Completed
Retainage @ 10% thru[insert date]
$
and stored to Date
$
Retainage @ _% after [insert date]
$
Less previous payment (s)
$
Percent Work completed to Date:
%
AMOUNT DUE THIS
Percent Contract Time completed to Date
%
APPLICATION:
$
Liquidated Damages to be Accrued
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
DATE: (Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO. CONTRACT NO. 14 -6213
BCC Date:
Agenda Item:
TO: Name of Contact: Company Name: Company Address
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 20
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit
FOR THE (Additive) (Deductive) Sum of: $ ($ ); write out in words.
Original Agreement Amount $
Sum of Previous Changes $
This Change Order add or deduct $
Present Agreement Amount
The time for completion shall be increased or decreased by calendar days due to this Change Order.
Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final
completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if
the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Prepared by:
name, Project Manager
department name
Date:
Approved By: Date:
name, Design Professional (may not apply)
firm name
Accepted by:
Approved by:
Approved by:
firm- principal's signature, name & title
firm name
Department Director, Department
Division Administrator, Division
Date:
Date:
Date:
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A G R E E M E N T 14-6213
for
Underground Utility Contractors
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 Kyle Construction, Inc., as a authorized to do
business in the State of Florida, whose business address is 3636 Prospect Ave., Naples Florida 34104
(hereinafter referred to as the "Contractor").
WITNESSETH:
1. COMMENCEMENT: The Contract shall be for a period of twenty -four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders /Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. 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 six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as- needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14 -6213 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 Quotation procedure 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.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field /Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of weeks.
This Contract is divided into two (2) categories, Field /Underground Utilities and Plant/Facility Utilities.
Cate go
Contractors
Mitchell & Stark Construction Co., Inc.
Field/Underground
Douglas N. Higgins Inc.
Utilities
Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emeraencv Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14 -6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. 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:
Kyle Construction, Inc.
3636 Prospect Ave.
Naples, Florida 34104
Phone: (239) 643 -7059
Fax: (239) 643 -4679
Attn: Charles Abraham, V.P.
Kv1eC onsti ncO-ao I. com
All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall
be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department,
first class mail service, postage prepaid, addressed to the following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
6. 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.
7. 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.
8. 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
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County within twenty -four (24) hours after receiving notice
suspension to continue until the violation is cured. The
operation during the suspension period until the violation
County.
7/8/2014 16.C.10.
of such violation, conduct, or practice, such
Contractor further agrees not to commence
ias been corrected to the satisfaction of the
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. 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.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and /or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
17. 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.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. 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 written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. 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 (i Contractor observesytthos contractual
oContract
requirements at F.S. § 119.0701(2)(a) -(d) and (3))). if
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. 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.
24. 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.
25. 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.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B ".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division.
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14 -6213, any addenda, any
Quotation/Work Order /Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/Work Order /Purchase Order.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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.
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.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any
Contractor's work operations. This provision is non - negotiable by any department and /or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
Dated:
Tom Henning, Chairman
(Seal)
Kyle Construction, Inc.
Contractor
By:
First Witness Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
�1
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EXHIBIT A
PUBLIC PAYMENT BOND
7/8/2014 16.C.10.
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,
then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this of
, as of
behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
20_, by
,a
corporation, on
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
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ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16. C.10.
The foregoing instrument was acknowledged before me this day of
20 as
of Surety, on behalf of Surety. He /She is personally known to me
OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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M
7/8/2014 16.C.10.
EXHIBIT A -2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
with Oblige for
day of , 20_,
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this
201_, by , as
,a
He /She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
day of
of
corporation, on behalf of the corporation.
as identification and
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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ATTEST:
Witness as to Surety
Witnesses
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 , by
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ( "Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20 for the period from to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment
No.
BY:
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of ,
20 by as of
a corporation, on behalf of the corporation
personally known to me or has produced _
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.:
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He /she is
as
7/8/2014 16.C.10.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 14 -6213
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or Application Date _
Collier County Water -Sewer District (the OWNER) pp
FROM: (Contractor's Representative) Payment Application No, _
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
(Project
RE:
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _ °/a after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
$
$
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
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(Signature) DATE:
(Type Name and Title)
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
TO: Name of Contact: Company Name: Company Address
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 20
CONTRACT NO. 14 -6213
BCC Date:
Agenda Item:
7/8/2014 16.C.10.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit
FOR THE (Additive) (Deductive) Sum of: write out in words.
Original Agreement Amount $
Sum of Previous Changes $
This Change Order add or deduct $
Present Agreement Amount $
The time for completion shall be increased or decreased by calendar days due to this Change Order.
Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final
completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if
the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Prepared by: Date:
name, Project Manager
department name
Approved By: Date:
name, Design Professional (may not apply)
firm name
Accepted by:
Approved by:
Approved by:
firm- principal's signature, name & title
firm name
Department Director, Department
Division Administrator, Division
Date:
Date:
Date:
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A G R E E M E N T 14-6213
for
Underground Utility Contractors
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 Mitchell & Stark Construction Co., Inc., as a
authorized to do business in the State of Florida, whose business address is 6001 Shirley Street, Naples
Florida 34109 (hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT: The Contract shall be for a period of twenty -four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders /Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. 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 six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as- needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14 -6213 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 Quotation procedure 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.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field /Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of -weeks.
This Contract is divided into two (2) categories, Field /Underground Utilities and Plant/Facility Utilities.
Category
Contractors
Mitchell & Stark Construction Co., Inc.
Field/Underground
Douglas N. Higgins Inc.
Utilities
Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category
Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities
Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emeraency Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14 -6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. 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:
Mitchell & Stark Construction Co., Inc.
6001 Shirley Street
Naples, Florida 34109
Phone: (239) 597 -2165
Fax: (239) 566 -7865
Attn: Brian Penner, CEO
bpenner(a?mitchelistark.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall
be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department,
first class mail service, postage prepaid, addressed to the following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
6. 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.
7. 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.
8. 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
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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.
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. 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.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and /or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
17. 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.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. 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 written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. 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))). If Contractor observes that the Contract
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22, WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. 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.
24. 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.
25. 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.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B ".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division.
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14 -6213, any addenda, any
Quotation/Work Order /Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/Work Order /Purchase Order.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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.
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.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any
Contractor's work operations. This provision is non - negotiable by any department and /or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
Dated:
(Seal)
First Witness
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M
Tom Henning, Chairman
Mitchell & Stark Construction Co., Inc.
Contractor
By:
Signature
Print Name and Title Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
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5
7/8/2014 16.C.10.
EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,
then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of 20
, as of a
behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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corporation, on
ATTEST:
Witness as to Surety
Witnesses
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by as
of Surety, on behalf of Surety. He /She is personally known to me
OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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D�� I
7/8/2014 16.C.10.
EXHIBIT A -2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
with Oblige for
20_,
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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7/8/2014 16.C.10.
This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as
,a
He /She is personally known to me OR has produced
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
corporation,
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
of
on behalf of the corporation.
as identification and
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ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
The foregoing instrument was acknowledged before me this day of .20 , by
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ( "Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20 for the period from to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment
No.
BY:
ITS:
DATE:
Witnesses
STATE OF
COUNTY O_ F
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
20 , by , as of
a corporation, on behalf of the corporation. He /she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.:
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U
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
Bid No. 14 -6213
Project No.
Application Date
7/8/2014 16.C.10.
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date]
Retainage @ _% after [insert date]
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued
$
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
$
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
TO: Name of Contact: Company Name: Company Address
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 20
CONTRACT NO. 14 -6213
BCC Date:
Agenda Item:
7/8/2014 16.C.10.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit
FOR THE (Additive) (Deductive) Sum of: $ ($ ; write out in words.
Original Agreement Amount $
Sum of Previous Changes $
This Change Order add or deduct $
Present Agreement Amount $
The time for completion shall be increased or decreased by calendar days due to this Change Order.
Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final
completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if
the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Prepared by:
name, Project Manager
department name
Date:
Approved By: Date:
name, Design Professional (may not apply)
firm name
Accepted by:
Approved by:
Approved by:
firm- principal's signature, name & title
firm name
Department Director, Department
Division Administrator, Division
Date:
Date:
Date:
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A G R E E M E N T 14-6213
for
Underground Utility Contractors
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 Quality Enterprises USA, Inc., as a authorized to do
business in the State of Florida, whose business address is 3894 Mannix Drive, Ste 216, Naples Florida 34114
(hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT: The Contract shall be for a period of twenty -four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders /Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. 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 six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as- needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14 -6213 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 Quotation procedure 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.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field /Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of weeks.
This Contract is divided into two (2) categories, Field /Underground Utilities and Plant/Facility Utilities.
Category
Contractors
Mitchell & Stark Construction Co., Inc.
Fie/d/Underground
Douglas N. Higgins Inc.
Utilities
Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category
Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities
Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emergency Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14 -6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the
Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
Contractor's address of record:
Quality Enterprises USA, Inc.
3894 Mannix Drive, Ste 216
Naples, Florida 34114
Phone: (239) 435 -7200
Fax: (239) 435 -7202
Attn: Louis J. Gaudio, V.P.
igaudioO -ge- usa.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall
be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department,
first class mail service, postage prepaid, addressed to the following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239 - 252 -8407
Fax: 239 - 252 -6480
The Contractor and the County may change the above mailing address at any time upon giving the other
party written notification. All notices under this Service Agreement must be in writing.
6. 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.
7. 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.
8. 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
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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.
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. 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.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and /or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
17. 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.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. 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 written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. 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))). If Contractor observes that the Contract
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22, WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. 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.
24. 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.
25. 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.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B"
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division,
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14 -6213, any addenda, any
Quotation/Work Order /Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/Work Order /Purchase Order.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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.
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.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any
Contractor's work operations. This provision is non - negotiable by any department and /or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Quality Enterprises USA, Inc.
Contractor
By:
Signature
Print Name and Title
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EXHIBIT A
PUBLIC PAYMENT BOND
7/8/2014 16. C.10.
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,
then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
N WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL:
Witnesses as to Principal
STATE OF _
COUNTY OF
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of
, as of
behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
20
,a
corporation, on
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ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.1O.
The foregoing instrument was acknowledged before me this day of
20_, by as
of Surety, on behalf of Surety. He /She is personally known to me
OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT A -2
PUBLIC PERFORMANCE BOND
7/8/2014 16.C.10
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_,
with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pa
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By:
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201, by , as of
a corporation, on behalf of
He /She is personally known to me OR has produced as
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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the corporation.
identification and
ATTEST:
Witness as to Surety
Witnesses
STATE OF
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
Kv
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
The foregoing instrument was acknowledged before me this day of .20. , by
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced _
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ( "Contractor") releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20 for the period from to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment
No.
E-10
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
The foregoing instrument was acknowledged before me this day of
20 , by , as of
a corporation, on behalf of the corporation.
personally known to me or has produced
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
NAME:
(Signature of Notary)
(Legibly Printed)
Notary Public, State of
Commissioner No.:
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President
[Corporate Seal]
He /she is
as
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7/8/2014 16.C.10.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
FROM: (Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Name)
Bid No. 14 -6213
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
Original Contract Time:
Original Contract Amount:
Revised Contract Time:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
Retainage @ 10% thru[insert date] $
and stored to Date
Retainage @ _% after [insert date) $
Less previous payment (s)
Percent Work completed to Date:
% AMOUNT DUE THIS
Percent Contract Time completed to Date
% APPLICATION:
Liquidated Damages to be Accrued $
$
$
$
Project
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
DATE:
(Contractor's Name)
(Signature)
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO. CONTRACT NO. 14 -6213
BCC Date:
Agenda Item:
TO: Name of Contact: Company Name: Company Address
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 20
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit
FOR THE (Additive) (Deductive) Sum of: $ ($ ); write out in words.
Original Agreement Amount $
Sum of Previous Changes $
This Change Order add or deduct $
Present Agreement Amount $
The time for completion shall be increased or decreased by calendar days due to this Change Order.
Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final
completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if
the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Prepared by:
name, Project Manager
department name
Date:
Approved By: Date:
name, Design Professional (may not apply)
firm name
Accepted by:
Approved by:
Approved by:
firm- principal's signature, name & title
firm name
Department Director, Department
Division Administrator, Division
Date:
Date:
Date:
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A G R E E M E N T 14-6213
for
Underground Utility Contractors
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 Southwest Utility Systems, Inc., as a authorized to
do business in the State of Florida, whose business address is 16341 Old U.S. 41 South, Fort Myers, FL
33912 (hereinafter referred to as the "Contractor").
WITNESSETH:
COMMENCEMENT: The Contract shall be for a period of twenty -four (24) months. The contract shall be
for a two (2) year period, commencing on date of Board approval and terminating two (2) years from that
date, or until such time as all outstanding Work Orders /Purchase Orders issued prior to the expiration of
the Agreement period have been completed or terminated. This contract shall have two (2) additional, two
(2) year renewals. 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 six (6) firms to be qualified and
awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete
Underground Utility services on an as- needed basis as may be required by the Owner in accordance with
the terms and conditions of RFP #14 -6213 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 Quotation procedure 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.
In each Request for Quotation, the Owner reserves the right to specify the period of completion and the
collection of liquidated damages in the event of late completion.
All Contractors awarded within the two (2) categories (Field /Underground Utilities & Plant/Facility Utilities)
are required to perform within the on call rotation. The Department of Procurement Services and the
Utilities Division will hold an annual meeting with the awarded Contractors to set the on call rotation
schedule going forward for the calendar year. In the event that a Contractor needs to exchange an "on call
week" it shall be the responsibility of the Contractor to arrange an exchange of weeks.
This Contract is divided into two (2) categories, Field /Underground Utilities and Plant/Facility Utilities.
Category
Contractors
Mitchell & Stark Construction Co., Inc.
Field/Underground
Douglas N. Higgins Inc.
Utilities
Quality Enterprises USA, Inc.
Kyle Construction, Inc.
Haskins, Inc.
Southwest Utility Systems, Inc.
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Category
Contractors
Mitchell & Stark Construction Co., Inc.
Douglas N. Higgins Inc.
Plant/Facility Utilities
Quality Enterprises USA, Inc.
Haskins, Inc.
Procedures — Non Emeraencv Work
The procedure to be followed will be determined by the value of the project. The procedure for projects
with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may be
specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business days, or
as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the same
as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the collection of
liquidated damages may be specified in the Quotation. Payment and Performance Bonds will be
required and shall be provided within ten (10) business days after notification of award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business days, or
as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order; Board of County Commissioners
approval is required.
3. EMERGENCY WORK: The Work will be completed on a rotating schedule for each category with one (1)
Contractor designated for a one (1) week period. Each selected Contractor shall supply all County
departments utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact
phone numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the Contractors awarded a
contract as a result of RFP #14 -6213. The annual schedule will be developed at a meeting of all selected
Contractors and the Purchasing Department at the beginning of the contract and annually thereafter. The
Purchasing Department will manage and maintain rotation schedules such that a minimum of three (3)
months of future equitable assignments are accessible to all Contractors. Emergency calls for assistance
must be responded to within thirty (30) minutes, with crews' onsite within two (2) hours to begin repairs.
Should a Contractor fail to respond to an emergency call and fail to obtain emergency coverage by another
Contractor under this contract, this Contract may be subject to termination.
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4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to
the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County
agency may utilize the services offered under this contract, provided sufficient funds are included in its
budget(s).
5. 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:
Southwest Utility Systems, Inc.
16341 Old U.S. 41 South
Ft. Myers, Florida 33912
Phone: (239) 267 -0200
Fax: (239) 267 -7478
Attn: Richard T. Cowart, President
officestaffO-swuti l itV. n et
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
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.
6. 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.
7. 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.
8. 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
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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.
9. 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.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color,
creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence,
$2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include
Premises and Operations; Independent contractors; Products and Completed Operations and
Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence,
Combined Single Limit for Bodily injury Liability and Property Damage Liability. This shall include
Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federal laws. The coverage must include Employers' Liability with a
minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained by
Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten
(10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the
event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure
that all subcontractors comply with the same insurance requirements that he is required to meet. The
same Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
12. 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.
12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify,
and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any
indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and
written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and
defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is
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determined by final judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13. BONDS:
A. When a construction project is in excess of $50,000 and more than thirty (30) days in duration,
the Contractor(s) may be required to provide Payment and Performance Bonds. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide
Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a security
guaranteeing the performance of the Contractor's work and the payment by the Contractor to
any other party (ies) providing labor and /or materials in connection with each construction or
renovation project performed by the Contractor. The bonds shall be furnished using the forms
prescribed in Exhibit "A ".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute
another bond and surety, both of which shall be subject to the Owner's approval.
14. PAYMENTS: Generally, the Contractor will be paid upon completion; however, for Work in excess of
thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to
receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully
executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to
release of each progress payment. All applications for payment, whether for full payment or a progress
payment shall be in writing, and in substantially the form attached hereto as Exhibit "C ".
15. PAYMENTS WITHHELD: Owner may decline to approve any Application for Payment, or portions
thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered
evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for
payment previously issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary
in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to
make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that
the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that
the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days written
notice, rectify the same at Contractor's expense. Owner also may offset against any sums due
Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether
relating to or arising out of this Agreement or any other agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS: Any substitution of products /materials from specifications shall
be approved in writing by Owner in advance.
17. 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.
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B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result
of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including
but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics,
quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight
(48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed
to have waived any right which Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of
the Work from any cause whatever, including those for which Owner may be responsible, in whole or
in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional
compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no
damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time extension shall not
be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph
shall expressly apply to claims for early completion, as well as to claims based on late completion.
18. 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 written order of Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such written order. No officer, employee or agent
of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract
shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed
promptly after an agreement is reached between Contractor and Owner concerning the requested
changes. Contractor shall promptly perform changes authorized by duly executed Change Orders.
The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as
Owner and Contractor shall mutually agree.
19. 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))). If Contractor observes that the Contract
Documents are at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris,
rubbish and waste materials from and about the Project site, as well as all tools, appliances,
construction equipment and machinery and surplus materials, and shall leave the Project site clean and
ready for occupancy by Owner.
21. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
22. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to Contractor
or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated
into the Project. Contractor warrants to Owner that any materials and equipment furnished under the
Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality,
free from all defects and in conformance with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors
except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in conformance
with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials
or Work which may be damaged as a result of such replacement or repair. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
23. 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.
24. 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.
25. 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.
26. EMERGENCIES: In the event of any emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor
shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency,
if Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the action
taken in response to an emergency, a Change Order shall be issued to document the consequences of
the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract
Amount or an extension to the Contract Time.
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27. COMPLETION: When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated
portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of completion. If
Owner does not consider the Work (or designated portion) substantially complete, the Owner shall
notify Contractor in writing giving the reasons therefore.
If Owner considers the Work (or designated portion) complete, the Owner shall provide a tentative
punch list of items (if applicable) to be completed or corrected by Contractor before final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions
thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access
to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance with the
Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection
and, if Owner finds the Work acceptable and fully performed under the Contract Documents, the entire
balance found to be due Contractor is due and payable. Final payment shall not become due and
payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B"
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as
receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and
in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall
not become due and payable.
28. LIQUIDATED DAMAGES: The "Commencement Date" shall be established in the Notice to Proceed to
be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the
Commencement Date. No Work shall be performed at the Project site prior to the Commencement
Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of
Contractor.
The Work shall be substantially completed within the time specified in the Request for Quotation. The
date of substantial completion of the Work (or designated portions thereof) is the date certified by the
Owner when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is
intended. The Work shall reach final completion and be ready for final acceptance by Owner within the
time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this Agreement,
Owner will suffer financial loss if the Work is not substantially completed within the time specified in the
Request for Quotation. Should Contractor fail to substantially complete the Work within the specified
time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount
specified in the Request for Quotation for each calendar day thereafter until substantial completion is
achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a notice of
acceptance. Contractor hereby expressly waives and relinquishes any right which it may have to seek
characterize the above noted liquidated damages as a penalty, which the parties agree represents a
fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails
to substantially complete the Work in a timely manner.
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When any period of time is referenced by days herein, it shall be computed to exclude the first day and
include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from
the computation, and the last day shall become the next succeeding day which is not a Saturday,
Sunday or legal holiday.
29. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the
Public Utilities Division.
30. COMPONENT PARTS OF THIS CONTRACT: This Contract consists of the attached or referenced
component parts, all of which are as fully a part of the Agreement as if herein set out verbatim,
including: Contractor's Proposal, Insurance Certificate(s), RFP No. 14 -6213, any addenda, any
Quotation/Work Order /Purchase Order made or issued pursuant to this Agreement, and any related
plans or specifications for any such Quotations/ Work Order /Purchase Order.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. 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.
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39. 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.
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.
40. SAFETY: All contractors and subcontractors performing service for Collier County are required and
shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety
and Occupational Health Standards and any other applicable rules and regulations. Also all
Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe
acts or conditions that may cause injury or damage to any persons or property within and around the
work site.
Collier County Government has authorized the Occupational Safety and Health Administration (OSHA)
to enter any Collier County Facility, property and /or right -of -way for the purpose of inspection of any
Contractor's work operations. This provision is non - negotiable by any department and /or Contractor.
All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception.
Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on
Collier County Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision shall only be
made by Collier County's Risk Management Department Safety Manager and /or Safety Engineer.
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IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By:
Dated:
(Seal)
First Witness
Print Name and Title
Second Witness
Print Name and Title
Approved as to Form and Legality:
Assistant County Attorney
Bv:
Tom Henning, Chairman
Southwest Utility Systems, Inc.
Contractor
By:
Signature
Print Name and Title
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of ($ ) for the payment whereof
we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor,
materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract,
then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract
or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in
the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may
be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the
name of under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this of
, as of
behalf of the corporation. He /she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
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20_, by
_a
corporation, on
ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.1O.
The foregoing instrument was acknowledged before me this day of
20_, by as
of Surety, on behalf of Surety. He /She is personally known to me
OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of _
Commission No.:
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EXHIBIT A -2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
as Oblige in the sum of
($ ) for the payment whereof we bond
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
with Oblige for
ourselves, our heirs,
day of , 20_,
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or
additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to
therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such
changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the
specifications.
i
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This instrument shall be construed in all respects as a common law bond. It is expressly understood that the
time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond.
n no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance
bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
Witnesses as to Principal
STATE OF
COUNTY OF
PRINCIPAL:
By: _
Name:
Its:
The foregoing instrument was acknowledged before me this day of
201_, by , as of
a corporation, on behalf of the corporation.
He /She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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ATTEST:
Witness as to Surety
Witnesses
STATE OF _
COUNTY OF
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
7/8/2014 16.C.10.
The foregoing instrument was acknowledged before me this day of 20 , by
, as of
Surety, on behalf of Surety. He /She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ( "Contractor') releases and waives for itself and it's
subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated ,
20 for the period from to
(2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges
for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a
lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment
No.
BY:
ITS:
DATE:
Witnesses
STATE OF _
COUNTY OF
CONTRACTOR
President
[Corporate Seal]
The foregoing instrument was acknowledged before me this day of
20 , by , as of
a corporation, on behalf of the corporation. He /she is
personally known to me or has produced as
identification and did (did not) take an oath.
My Commission Expires:
NAME:
(Signature of Notary)
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water -Sewer District (the OWNER)
Bid No. 14 -6213
Project No.
Application Date
7/8/2014 16.C.10.
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project
Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date: %
Percent Contract Time completed to Date %
Liquidated Damages to be Accrued $
Original Contract Amount:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less previous payment (s)
AMOUNT DUE THIS
APPLICATION:
$
$
$
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR:
(Contractor's Name)
(Signature)
DATE:
(Type Name &Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional :
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
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(Signature) DATE:
(Type Name and Title)
7/8/2014 16.C.10.
EXHIBIT D
CHANGE ORDER
.;HANGE ORDER NO. CONTRACT NO. 14 -6213
BCC Date:
Agenda Item:
TO: Name of Contact: Company Name: Company Address
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 20
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement: type in clearly identified changes if short, otherwise, attach exhibit
FOR THE (Additive) (Deductive) Sum of: $ ($ ); write out in words.
Original Agreement Amount $
Sum of Previous Changes $
This Change Order add or deduct $
Present Agreement Amount $
The time for completion shall be increased or decreased by calendar days due to this Change Order.
Accordingly, the Contract Time is now calendar days. The substantial completion date is and the final
completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will
be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if
the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final
settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims
for impact and delay costs.
Prepared by:
Approved By:
Accepted by:
name, Project Manager
department name
name, Design Professional (may not apply)
firm name
firm- principal's signature, name & title
firm name
Date:
Date:
Approved by: Date:
Department Director, Department
Approved by: Date:
Division Administrator, Division
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REQUEST FOR PROPOSAL
Co copy
AdrTinisbaWesernees division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation 14 -6213 Utility Contractors
Scott D. Johnson, Interim Acquisition Manager
2391252 -8995 (Telephone)
2391252 -6588 (Fax)
scottjohnson @colliergov.net (Email)
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
Pu;d;asin.� �' *m," can +� 33I7 5amfami Trail East Naples, Fioraa 34112-4901 - wvnv.cvi1ist9ovneGpurchasirn'
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Table of Contents
LEGALNOTICE ................................................................................................................................... ............................... 3
EXHIBIT 1: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4
EXHIBIT 11: GENERAL RFP INSTRUCTIONS ............................................................................................ .............................11
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS
....................................... .............................14
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................17
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ..................................................................
.............................26
ATTACHMENT 2: VENDOR CHECK LIST ................................................................................................
.............................27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ...........................................................................
.............................28
ATTACHMENT 4: VENDOR DECLARATION STATEMENT .......................................................................
.............................29
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
....................................... .............................31
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION ..............................................................
.............................32
ATTACHMENT 7: VENDOR SUBSTITUTE W- 9 ....................................................................................
.............................33
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ...........................................................
.............................34
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ...................................................................................
.............................36
14 -6213
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er COU>ty
A,dn nistrative Services DMsion
Purchasing
Legal Notice
Sealed Proposals to provide Utility Contracting Services will be received until 3:00 PM Naples local
time, on May 2, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail
E, Naples, FL 34112.
Solicitation
14 -6213 Utility Contractors
Services to be provided may include, but not be limited to the following: Utility Contracting Services.
A non - mandatory pre - proposal conference will be held on April 17, 2014, commencing promptly at
10:00 AM, and will be held in the Purchasing Department Conference Room, Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.. If this pre - proposal
conference is denoted as "mandatory", prospective Vendors must be present in order to submit a
proposal response.
All statements shall be made upon the official proposal form which may be obtained on the Collier
County Purchasing Department Online Bidding System website: www.colliergov.net /bid.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: /S/ Joanne Markiewicz
Interim Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County
Government Center on April 4, 2014.
F'a =—ma x De am - 33'011 Tamsan Trail Fast • Naples. Ficrioa 34112 • wwir dies cv nr# pumas: a
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Public Utilities Division (hereinafter, the "Division or Department "),
the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ")
has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from
interested and qualified Consultants in accordance with the terms, conditions and specifications
stated or attached. The Consultant, at a minimum, must achieve the requirements of the
Specifications or Scope of Work stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Scope of Service
The BCC has approved Water and Wastewater Master Plans. Those plans require numerous utility
projects to be completed in an ongoing timely manner. Historically, the majority of the projects are
estimated to cost $750,000 or less. The Public Utilities Division is seeking the services of five (5) or
more utility contractors licensed in the State of Florida, to provide complete general utility contracting
services and emergency repair services.
This solicitation is divided into two categories, Field /Underground and Plant/Facility. Specify if you
wish to be considered as primary or secondary for each category. Only Primary awardees are eligible
for On -Call Emergency Services. For example:
Category
Primary
Secondary
Field /Underground
Vendor A
Vendor H
Utilities
Vendor B
Vendor I
Vendor C
Vendor D
Vendor E
Plant/Facility
Vendor A
Vendor D
Utilities
Vendor B
Vendor E
Vendor H
Vendorl
Vendor J
In this example:
Vendors A, B, C, D, and E are the Primary vendors on the Field /Underground Utilities category, so
they would be the only vendors included in on -call rotation for Field /Underground.
Vendors A, B, H, I, and J are the Primary vendors on the Plant/Facility Utility category, so they would
be the only vendors included in on -call rotation for Plant/Facility.
A. Field /Underground Utilities — Located outside of Plants /Facilities, generally in the Right -of-
Way and or Utility Easements.
Services shall include, but not be limited to, the following:
1. Construction supervision /administration.
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2. New construction /modification /repairs of water /sewer lines, water /sewer pump stations,
wells, electrical wiring /components, manholes, storm drains, and appurtenances.
3. Demolition associated with construction.
4. Scheduling work and subcontractors in harmony with the County's operations.
5. Estimating cost of future projects.
6. On -Call Emergency Services (Primary only)
B. Plant/Facility Utilities — Located at regional treatment plants, secondary stations, generally
inside a fenced, secure facility.
Services shall include, but not be limited to, the following:
1. Construction supervision /administration.
2. New construction /modification /repairs of tanks, reactors, membrane skids, degasifiers,
odor control units, chemical feed systems, structures, pumps, blowers, headworks,
clarifiers, filters, oxidation ditches, water /sewer lines, water /sewer pump stations, wells,
electrical wiring /components, manholes, storm drains, and appurtenances.
3. Demolition associated with construction.
4. Scheduling work and subcontractors in harmony with the County's operations.
5. Estimating cost of future projects.
6. On -Call Emergency Services (Primary only)
The selected Utility Contractors will be responsible for providing complete utility contracting services
for a wide range of projects as may be required by Collier County. The selected firms shall be
responsible for knowledge of and compliance with all relative local, state and federal building codes
and regulations.
Emergency work will be completed on a rotating schedule for each category with one (1) Contractor
designated for a one (1) week period. Each selected Contractor shall supply all County departments
utilizing this contract with a minimum of two (2) twenty -four (24) hour emergency contact phone
numbers. Emergency work shall be defined as any work that is not scheduled. All Contractors must
participate in the emergency work rotation, which will be equally divided among the primary
Contractors awarded a contract as a result of this RFP. The annual schedule will be developed at a
meeting of all selected Contractors and the Purchasing Department at the beginning of the contract
and annually thereafter. The Purchasing Department will manage and maintain rotation schedules
such that a minimum of three (3) months of future equitable assignments are accessible to all
contractors. Emergency calls for assistance must be responded to within thirty (30) minutes, with
crews' onsite within two (2) hours to begin repairs. Should a Contractor fail to respond to an
emergency call and fail to obtain emergency coverage by another Contractor under this contract, this
Contract may be subject to termination.
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Selected Contractors shall provide the County with a one (1) year warranty for all work performed.
This warranty will not go into effect until the project has been substantially completed. All work
performed will meet or exceed County Utility Technical Standards.
The County reserves the right to supply all necessary parts for selected projects and repairs.
Negotiated prices shall be based on County maintained unit prices, but are subject to market and site
conditions, quantity, and other considerations.
The utility contracting services shall not exceed $200,000 for any one project without Board approval.
Should any project that is active extend past the contract termination date, that contract shall be
extended until completion of such project.
This contract shall be available for use by all County departments.
Detailed Procedures
Procedures — Non Emergency Work
The procedure to be followed will be determined by the value of the project. The procedure for
projects with a value of $50,000 (or current County bidding threshold) or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractors selected on a basis that ensures a
relatively even distribution of work. Completion time and the collection of liquidated damages may
be specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within seven (7) business
days, or as specified in the Summary of Work.
3. Issuance by Owner of a numbered Work Order /Purchase Order. (The Work Order number is the
same as the Purchase Order number.)
Procedures for projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the
collection of liquidated damages may be specified in the Quotation.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business
days, or as specified in the Request for Quotation.
3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.
Procedures for projects with a value of $200,000 to $750,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected. Completion time and the
collection of liquidated damages may be specified in the Quotation. Payment and Performance
Bonds will be required and shall be provided within ten (10) business days after notification of
award.
2. Contractor shall respond with the information and /or proposal sought within ten (10) business
days, or as specified in the Request for Quotation.
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3. Owner may negotiate terms and conditions.
4. Issuance by Owner of a numbered Work Order /Purchase Order.; Board of County Commissioners
approval is required.
The County reserves the right to waive any or all of these requirements if in the best interest of the
County.
Payment and Performance Bonds: When a construction project is in excess of $50,000 and more
than thirty (30) days in duration, the Contractor(s) may be required to provide Payment and
Performance Bonds, in the form prescribed in Exhibit A, pages A -1 through A -6, in the amount of
100% of the Contract Amount, the costs of which are to be paid by the Contractor. When a
construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment
and Performance Bonds. The Payment and Performance 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., 75 Fulton Street, New York, NY 10038. Should the contract amount be
less than $500,000 the requirements of Section 287.0935, Florida Statutes shall govern the rating and
classification of the surety.
All performance security under the subsequent contract shall be continued for a six (6) month period
beyond the final completion of the project.
If the surety for any bond furnished by the Contractor is declared bankrupt, becomes insolvent, its
right to do business is terminated in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for two (2) years with two (2) two
(2) year renewal options .
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Solicitation Timetable
The following projected timetable should be used as a working guide for planning purposes only.
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Event
Date
Issue Solicitation Notice
4/4/2014
Last Date for Receipt of Written Questions
4/21/14,12 Noon,
Naples Local Time
Addendum Issued Resulting from Written Questions or Pre-
Proposal Conference Include if applicable)
4/22/2014
Solicitation Deadline Date and Time
5/2/14, 3PM, Naples
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Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs. A
set of Tabs is required for each category (Field /Underground and Plant/Facility). Failure by a
Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP. List all proposed subcontractors who will participate on the team.
2. Tab II, Safety (20 points)
Proposers shall provide, in detail, their corporate Safety Plan /Policy /Statement. Provide the
firm's safety record for the last three (3) years minimum. Provide five (5) examples of job -
specific safety plans. Provide three (3) examples of how the firm reacted to requests to
improve safety conditions on a specific job.
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Local Time
Anticipated Evaluation of Submittals
May 2014
Anticipated Completion of Contract Negotiations (Include if
applicable)
June 2014
Anticipated Board of County Commissioner's Contract
Approval Date
July 2014
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County. The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP.
Any portions of the proposal that do not comply with these guidelines must be so noted and
explained in the Acceptance of Conditions section of the proposal. However, any proposal that
contains such variances may be considered non - responsive.
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged.
The items listed below shall be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs. A
set of Tabs is required for each category (Field /Underground and Plant/Facility). Failure by a
Vendor to include all listed items may result in the rejection of its proposal.
1. Tab I, Cover Letter / Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein. Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP. List all proposed subcontractors who will participate on the team.
2. Tab II, Safety (20 points)
Proposers shall provide, in detail, their corporate Safety Plan /Policy /Statement. Provide the
firm's safety record for the last three (3) years minimum. Provide five (5) examples of job -
specific safety plans. Provide three (3) examples of how the firm reacted to requests to
improve safety conditions on a specific job.
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3. Tab III, Execution Plan (20 points)
Proposers shall provide, in detail, their credentials for providing Utility Contracting Services
and any information which documents successful and reliable experience in past performance,
especially those performances related to the requirements of this Request for Proposal.
Include a description of the proposer's business history and number of years in operation.
Related project experience shall be restricted to those assignments undertaken within the last
five (5) years.
4. Tab IV, Cost of Services to the County (15 points)
Proposer shall submit annually and with their proposal a list of hourly rates for personnel and
equipment for emergency work.
Proposer shall submit a complete list of all equipment owned by their firm to include the
location of the yard where the equipment is stored when not in use.
5. Tab V, Experience Providing Emergency Response (10 points)
Provide a narrative describing your past experience providing emergency response to a
Utility consisting of Water, Wastewater and Solid Waste infrastructure repair. Specify
quantity of after -hours on -call emergency response personnel on staff.
6. Tab VI, Specialized Expertise of Team Members (25 points)
In this tab, include:
• List full -time staff including number of years experience in utility construction and
number of years working in Collier County.
• List full -time staff certifications including safety, MOT, and asbestos abatement.
• List full -time staff special skills.
• Demonstrate ability to prepare and adhere to a construction schedule.
7. Tab VII, References (5 points)
In order for the vendor to be awarded any points for this tab, the County requests that the
vendor submits five (5) completed reference forms from clients whose projects are of a similar
nature to this solicitation as a part of their proposal. The County will only use the methodology
calculations for the first five (5) references (only) submitted by the vendor in.their proposal.
Prior to the Selection Committee reviewing proposals, the following methodology will be
applied to each vendor's information provided in this area:
• The County shall total each of the vendor's five reference questionnaires and create a
ranking from highest number of points to lowest number of points. References marked
with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not
turn in reference forms will be counted as zero (0).
• The greatest number of points allowed in this criterion will be awarded to the vendor who
has the highest score.
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• The next highest vendor's number of points will be divided by the highest vendor's points
which will then be multiplied by criteria points to determine the vendor's points awarded.
Each subsequent vendor's point score will be calculated in the same manner.
• Points awarded will be extended to the whole number per Microsoft Excel.
For illustrative purposes only, see chart for an example of how these points would be
distributed among the five proposers.
Vendor Name
Vendor Total Reference
Score
Points Awarded
Vendor ABC
445
20
Vendor DEF
435
19.6
Vendor GHI
425
19.1
Vendor JKL
385
17.3
Vendor MNO
385
17.3
Vendor PQR
250
11.2
Note: Sample chart reflects a 20 point reference criterion.
The points awarded by vendor will be distributed to the Selection Committee prior to their
evaluation of the proposals. The Selection Committee will review the vendor's proposal to
ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per
vendor. The Selection Committee may, at their sole discretion, contact references, and /or
modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
8. Tab VIII, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP. If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result
in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s). Such determination shall be at the
sole discretion of the County and Selection Committee.
9. Tab IX, Required Form Submittals
• Attachment 2: Vendor Check List
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Vendor Declaration Statement
• Attachment 5: Affidavit for Claiming Status as a Local Business
• Attachment 6: Immigration Affidavit Certification
• Attachment 7: Vendor Substitute W -9
• Attachment 8: Insurance and Bonding Requirements
• Attachment 9: Reference Questionnaire
• Other: i.e. signed addenda, licenses or certifications, promotional materials, etc.
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Exhibit II: General RFP Instructions
1. Questions
7/8/2014 16.C.10.
Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding
System website: www.colliergov.net /bid. Vendors must clearly understand that the only official
answer or position of the County will be the one stated on the Collier County Purchasing
Department Online Bidding System website. For general questions, please call the referenced
Procurement Strategist noted on the cover page.
2. Pre - Proposal Conference
The purpose of the pre - proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate. Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum.
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre -
proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response.
3. Compliance with the RFP
Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist,
noted herein, of such error in writing and request modification or clarification of the document prior
to submitting the proposal. The Procurement Strategist will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5. Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in
any discussions, negotiations, or, if applicable, any protest procedures.
6. Delivery of Proposals
All proposals are to be delivered before 3:00 PM, Naples local time, on or before May 2, 2014
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott D. Johnson, Interim Acquisition Manager
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The County does not bear the responsibility for proposals delivered to the Purchasing
Department past the stated date and /or time indicated, or to an incorrect address by
Consultant's personnel or by the Consultant's outside carrier. However, the
Purchasing /General Services Director, or designee, reserves the right to accept proposals
received after the posted close time under the following conditions:
• The tardy submission of the proposal is due to the following circumstances, which may
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS
or courier where delivery was scheduled before the deadline.
• The acceptance of said proposal does not afford any competing firm an unfair
advantage in the selection process.
Vendors must submit one (1) paper copy clearly labeled "Master." and six (6) disks
(CD's /DVD's) with one copy of the proposal on each disk in Word. Excel or PDF. List the
Solicitation Number and Title on the outside of the box or envelope.
7. Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process.
8. Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 2013 -69 establishing and adopting the Collier
County Purchasing Policy. The County may, as it deems necessary, conduct discussions with
qualified Vendors determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation requirements.
9. Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager or designee shall appoint a Selection Committee to review all proposals
submitted.
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals
received and verify whether each proposal appears to be minimally responsive to the
requirements of the published RFP.
4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building.
5. The committee members will review each Proposal individually and score each proposal
based on the evaluation criteria stated herein.
6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a
notice announcing the date, time and place of the first committee meeting. Said notice shall
be posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting. The Procurement Strategist will also post prior notice of all subsequent
committee meetings and shall endeavor to post such notices at least one (1) day in advance of
all subsequent meetings.
7. The committee will compile individual rankings, based on the evaluation criteria as stated
herein, for each proposal to determine committee recommendations. The committee may at
their discretion, schedule presentations or demonstrations from the top- ranked firm(s), make
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site visits, and obtain guidance from third party subject matter experts. The final
recommendation will be decided based on review of scores and consensus of committee.
The County reserves the right to withdraw this RFP at any time and for any reason, and to issue
such clarifications, modifications, and /or amendments as it may deem appropriate. Receipt of a
proposal by the County or a submission of a proposal to the County offers no rights upon the
Vendor nor obligates the County in any manner.
Acceptance of the proposal does not guarantee issuance of any other governmental approvals.
Proposals which include provisions requiring the granting of zoning variances shall not be
considered.
10. References
The County reserves the right to contact any and all references pertaining to this solicitation and
related proposal.
11. Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted. The
factors to be considered in the evaluation of proposal responses are listed below.
Tab II, Safety
Tab III, Execution of Plan
Tab IV, Cost of Services
Tab V, Experience of providing emergency response
Tab VI, Specialized Expertise of Team Members
Tab VI, References
Local Vendor Preference
TOTAL
20 pts
20 pts
15 pts
10 pts
25 pts
5 pts
5 pts
100 pts
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking. If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on.
12. Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re- solicit for proposals, if desired, and upon recommendation and justification by
Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier.
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection. In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re- advertise using the same or revised documentation, at its sole discretion.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer
This offer is subject to cancellation by the COUNTY
without notice if not accepted by VENDOR within
fourteen (14) days of issuance.
2.
4
Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes the
entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on the
face of this Purchase Order. Each delivery of goods
and /or services received by the COUNTY from
VENDOR shall be deemed to be upon the terms and
conditions contained in this Purchase Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR is
deemed to be on notice that the COUNTY objects to
any additional or different terms and conditions
contained in any acknowledgment, invoice or other
communication from VENDOR, notwithstanding the
COUNTY'S acceptance or payment for any delivery
of goods and /or services, or any similar act by
VENDOR.
Inspection
All goods and /or services delivered hereunder shall
be received subject to the COUNTY'S inspection and
approval and payment therefore shall not constitute
acceptance. All payments are subject to adjustment
for shortage or rejection. All defective or
nonconforming goods will be returned pursuant to
VENDOR'S instruction at VENDOR'S expense.
To the extent that a purchase order requires a series
of performances by VENDOR, the COUNTY
prospectively reserves the right to cancel the entire
remainder of the Purchase Order if goods and /or
services provided early in the term of the Purchase
Order are non - conforming or otherwise rejected by
the COUNTY.
Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply with all
carrier regulations. Risk of loss of any goods
sold hereunder shall transfer to the COUNTY at
the time and place of delivery; provided that risk 6.
of loss prior to actual receipt of the goods by the
COUNTY nonetheless remain with VENDOR.
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase Order, no
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invoices shall be issued nor payments made
prior to delivery. Unless freight and other
charges are itemized, any discount will be taken
on the full amount of invoice.
c) All shipments of goods scheduled on the same
day via the same route must be consolidated.
Each shipping container must be consecutively
numbered and marked to show this Purchase
Order number. The container and Purchase
Order numbers must be indicated on bill of
lading. Packing slips must show Purchase Order
number and must be included on each package
of less than container load (LCL) shipments
and /or with each car load of equipment. The
COUNTY reserves the right to refuse or return
any shipment or equipment at VENDOR'S
expense that is not marked with Purchase Order
numbers. VENDOR agrees to declare to the
carrier the value of any shipment made under
this Purchase Order and the full invoice value of
such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts of
prompt payment will be computed from the date
of receipt of goods or from date of receipt of
invoices, whichever is later. Payment will be
made upon receipt of a proper invoice and in
compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government
Prompt Payment Act," and, pursuant to the
Board of County Commissioners Purchasing
Policy.
Time Is Of the Essence
Time for delivery of goods or performance of services
under this Purchase Order is of the essence. Failure
of VENDOR to meet delivery schedules or deliver
within a reasonable time, as interpreted by the
COUNTY in its sole judgment, shall entitle the
COUNTY to seek all remedies available to it at law or
in equity. VENDOR agrees to reimburse the
COUNTY for any expenses incurred in enforcing its
rights. VENDOR further agrees that undiscovered
delivery of nonconforming goods and /or services is
not a waiver of the COUNTY'S right to insist upon
further compliance with all specifications.
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
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7
9
performance of the Purchase Order, an equitable
adjustment in the price and /or delivery schedule will
be negotiated by the COUNTY and VENDOR.
Notwithstanding the foregoing, VENDOR has an
affirmative obligation to give notice if the changes will
decrease costs. Any claims for adjustment by
VENDOR must be made within thirty (30) days from
the date the change is ordered or within such
additional period of time as may be agreed upon by
the parties.
Warranties
VENDOR expressly warrants that the goods and /or
services covered by this Purchase Order will conform
to the specifications, drawings, samples or other
descriptions furnished or specified by the COUNTY,
and will be of satisfactory material and quality
production, free from defects and sufficient for the
purpose intended. Goods shall be delivered free
from any security interest or other lien, encumbrance
or claim of any third party. These warranties shall
survive inspection, acceptance, passage of title and
payment by the COUNTY.
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 VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including claims of
negligence, costs and expenses, including but not
limited to attorneys' fees, arising from, caused by or
related to the injury or death of any person (including
but not limited to employees and agents of VENDOR
in the performance of their duties or otherwise), or
damage to property (including property of the
COUNTY or other persons), which arise out of or are
incident to the goods and /or services to be provided
hereunder.
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11. Warranty of Non - Infringement
VENDOR represents and warrants that all good:.
sold or services performed under this Purchase
Order are: a) in compliance with applicable laws; b)
do not infringe any patent, trademark, copyright or
trade secret; and c) do not constitute unfair
competition.
VENDOR shall indemnify and hold harmless the
COUNTY from and against any and all claims,
including claims of negligence, costs and expense,
including but not limited to attorneys' fees, which
arise from any claim, suit or proceeding alleging that
the COUNTY'S use of the goods and /or services
provided under this Purchase Order are inconsistent
with VENDOR'S representations and warranties in
section 11 (a).
If any claim which arises from VENDOR'S breach of
section 11 (a) has occurred, or is likely to occur,
VENDOR may, at the COUNTY'S option, procure for
the COUNTY the right to continue using the goods or
services, or replace or modify the goods or services
so that they become non - infringing, (without any
material degradation in performance, quality,
functionality or additional cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall providc
commercial insurance of such type and with such
terms and limits as may be reasonably associated
with the Purchase Order. Providing and maintaining
adequate insurance coverage is a material obligation
of the VENDOR. All insurance policies shall be
executed through insurers authorized or eligible to
write policies in the State of Florida.
13. Compliance with Laws
In fulfilling the terms of this Purchase Order,
VENDOR agrees that it will comply with all federal,
state, and local laws, rules, codes, and ordinances
that are applicable to the conduct of its business. By
way of non - exhaustive example, this shall include the
American with Disabilities Act and all prohibitions
against discrimination on the basis of race, religion,
sex creed, national origin, handicap, marital status,
or veterans' status. Further, VENDOR
acknowledges and without exception or stipulation
shall be fully responsible for complying with the
provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be
amended. Failure by the awarded firm(s) to comply
with the laws referenced herein shall constitute a
breach of the award agreement and the County shall
have the discretion to unilaterally terminate saiC
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agreement immediately. Any breach of this provision
may be regarded by the COUNTY as a material and
substantial breach of the contract arising from this
Purchase Order.
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in performance
resulting from any cause beyond their control,
including, but without limitation to war, strikes, civil
disturbances and acts of nature. When VENDOR
has knowledge of any actual or potential force
majeure or other conditions which will delay or
threatens to delay timely performance of this
Purchase Order, VENDOR shall immediately give
notice thereof, including all relevant information with
respects to what steps VENDOR is taking to
complete delivery of the goods and /or services to the
COUNTY.
15. Assignment
VENDOR may not assign this Purchase Order, nor
any money due or to become due without the prior
written consent of the COUNTY. Any assignment
made without such consent shall be deemed void.
16. Taxes
Goods and services procured subject to this
Purchase Order are exempt from Florida sales and
use tax on real property, transient rental property
rented, tangible personal purchased or rented, or
services purchased (Florida Statutes, Chapter 212),
and from federal excise tax.
17. Annual Appropriations
The COUNTY'S performance and obligation to pay
under this Purchase Order shall be contingent upon
an annual appropriation of funds.
18. Termination
This Purchase Order may be terminated at any time
by the COUNTY upon 30 days prior written notice to
the VENDOR. This Purchase Order may be
terminated immediately by the COUNTY for breach
by VENDOR of the terms and conditions of this
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Purchase Order, provided that COUNTY has
provided VENDOR with notice of such breach and
VENDOR has failed to cure within 10 days of receipt
of such notice.
19. General
a) This Purchase Order shall be governed by the
laws of the State of Florida. The venue for any
action brought to specifically enforce any of the
terms and conditions of this Purchase Order
shall be the Twentieth Judicial Circuit in and for
Collier County, Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order by
VENDOR shall not constitute a waiver of breach.
Waiver of the COUNTY by any default by
VENDOR hereunder shall not be deemed a
waiver of any subsequent default by VENDOR.
c) All notices under this Purchase Order shall be
sent to the respective addresses on the face
page by certified mail, return receipt requested,
by overnight courier service, or by personal
delivery and will be deemed effective upon
receipt. Postage, delivery and other charges
shall be paid by the sender. A party may change
its address for notice by written notice complying
with the requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with this
Purchase Order in accordance with Florida
Statute Chapter 112.061, Per Diem and Travel
Expenses for Public Officers, employees and
authorized persons.
e) In the event of any conflict between or among
the terms of any Contract Documents related to
this Purchase Order, the terms of the Contract
Documents shall take precedence over the terms
of the Purchase Order. To the extent any terms
and /or conditions of this Purchase Order
duplicate or overlap the Terms and Conditions of
the Contract Documents, the provisions of the
Terms and /or Conditions that are most favorable
to the County and /or provide the greatest
protection to the County shall govern.
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Exhibit IV: Additional Terms and Conditions for RFP
1. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon
the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors,
Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered
by property insurance provided herein, except such rights as they may have to the proceeds of such
insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation
from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of
them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name
Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation
and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
Certificates of Insurance must state the Contract Number, or Project Number, or specific Project
description, or must read: For any and all work performed on behalf of Collier County. The "Certificate
Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self - insured retentions or deductibles under any
of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the
nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of
financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's
sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also
notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of
expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from
its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the
event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor
shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy.
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Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and
charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such
costs within thirty (30) days after demand, the County has the right to offset these costs from any
amount due Vendor under this Agreement or any other agreement between the County and Vendor.
The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverage(s) purchased or the insurance company or companies used. The decision of the County to
purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights
under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance
not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to
provide the County with such renewal certificate(s) shall be considered justification for the County to
terminate any and all contracts.
2. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of the
successful vendor.
3. Additional Items and /or Services
Additional items and / or services may be added to the resultant contract, or purchase order, in
compliance with the Purchasing Policy.
4. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly responsible
for 75% or more of the solicitation amount for said work.
5. County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilities /project site
during and after each work assignment the Vendor is performing.
6. Additional Terms and Conditions of Contract
Collier County has developed standard contracts /agreements, approved by the Board of County
Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to
include in any contract document such terms and conditions, as it deems necessary for the proper
protection of the rights of Collier County. A sample copy of this contract is available upon request. The
County will not be obligated to sign any contracts, maintenance and /or service agreements or other
documents provided by the Vendor.
7. Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
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• 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(cDcolliercierk.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.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these
debts, the County reserves the right to off -set the amount owed to the County by applying the amount
owed to the vendor or contractor for services performed of for materials delivered in association with a
contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance
with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for
work not performed or for unsatisfactory performance of Contractual requirements.
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8. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply with
all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational
Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be
responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site. These regulations include, but are
not limited to, those on hard hat usage and shoring usage. All firewall penetrations must be protected in
order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination
and Are 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.
In the event of any and all Florida Department of Environmental Protection (FDEP) and Environmental
Protection Agency (EPA) fines that result from the work of the Vendor, the Vendor is directly
responsible for any and all remediation costs required.
9. Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to all
applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind.
Additionally, copies of the required licenses must be submitted with the proposal response
indicating that the entity proposing, as well as the team assigned to the County account, is
properly licensed to perform the activities or work included in the contract documents. Failure
on the part of any Vendor to submit the required documentation may be grounds to deem
Vendor non - responsive. A Vendor, with an office within Collier County is also required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee. After
registering the license /registration will need to be renewed thereafter to remain "active" in Collier
County.
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477.
10. Principals /Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals is /are named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that
this Proposal is made without connection with any person, company or parties making a Proposal, and
that it is in all respects fair and in good faith without collusion or fraud.
11. Relation of County
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It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor,
and that neither the Vendor nor their employees shall, under any circumstances, be considered
employees or agents of the County, and that the County shall be at no time legally responsible for any
negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
12. Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole
judge of non - performance.
13. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final
Board approval, no firm or their agent shall contact any other employee of Collier County in reference
to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by
this provision may serve as grounds for disqualification for award of this contract to the firm.
14. Public Records Compliance
The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes,
rules, regulations and requirements of any governmental agencies.
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.htmi) 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. Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one
proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a
primary or as part of a partnership or joint venture submitting as primary may not then act as a sub -
consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -
consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this
requirement will be deemed non - responsive and rejected from further consideration.
17. Survivability
Bids (ITBs /RFPs): The Consultant/Contractor /Vendor agrees that any Work Order /Purchase Order that
extends beyond the expiration date of Solicitation 14 -6213 resultant of this solicitation will survive and
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remain subject to the terms and conditions of that Agreement until the completion or termination of any
Work Order /Purchase Order.
Purchase Orders: The Consultant /Contractor/Vendor agrees that any Purchase Order that extends
beyond the expiration date of the original Solicitation 14 -6213 will survive and remain subject to the
terms and conditions of that Agreement until the completion or termination of this Purchase Order.
18. Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier
County time on the final published date for the acceptance of the Request for Proposals.
The Board of County Commissioners will make award of contract in public session. Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and
Thursdays. Any actual or prospective respondent who desires to formally protest the recommended
contract award must file a notice of intent to protest with the 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.
19. Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies on
leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
20. Security and Background Checks
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background
checks by the Collier County Facilities Management Department, and drug testing for all employees that
shall provide services to the County under this Agreement. This may include, but not be limited to,
checking federal, state and local law enforcement records, including a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records. Contractor
shall be required to maintain records on each employee and make them available to the County for at
least four (4) years.
21. Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document.
Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in
and of itself disqualify a firm from consideration. These disclosures are intended to identify and or
preclude conflict of interest situations during contract selection and execution.
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22. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and /or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and /or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate
termination of any contract held by the individual and /or firm for cause.
23. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United States
and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland
Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based
means of verifying employment eligibility of workers in the United States; it is not a substitute for any
other employment eligibility verification requirements. The program will be used for Collier County
formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and
construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of
their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence
consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully
executed E- Verify Memorandum of Understanding for the company. Vendors are also required to
provide the Collier County Purchasing Department an executed affidavit certifying they shall comply
with the E- Verify Program. The affidavit is attached to the solicitation documents. If the
Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence and the
executed affidavit the bidder's / vendor's proposal may be deemed non - responsive.
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For additional information regarding the Employment Eligibility Verification System (E- Verify) program
visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to
familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully
responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
24. Collier County Local Preference Policy
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Collier County provides an incentive to local business to enhance the opportunities of local businesses
in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being
a local business by granting a ten (10) points incentive in the evaluation criterion points.
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County,
and that identifies the business with a permanent physical business address located within the limits of
Collier County from which the vendor's staff operates and performs business in an area zoned for the
conduct of such business. A Post Office Box or a facility that receives mail, or a non - permanent
structure such as a construction trailer, storage shed, or other non - permanent structure shall not be
used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall
not be considered a "local business" unless it contributes to the economic development and well -being
of Collier County in a verifiable and measurable way. This may include, but not be limited to, the
retention and expansion of employment opportunities, support and increase to the County's tax base,
and residency of employees and principals of the business within Collier County. Vendors shall affirm in
writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim
Local Preference status for a period of up to one year.
Under this solicitation proposers desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their status
as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer
shall not be granted local preference consideration for the purposes of that specific contract award.
Except where federal or state law, or any other funding source, mandates to the contrary, Collier
County and its agencies and instrumentalities, will give preference to local businesses in the following
manner.
For all purchases of commodities and services procured through a competitive proposal process and
not otherwise exempt from this local preference section, the solicitation shall include a weighted
criterion for local preference that equals 10 percent of the total points in the evaluation criteria
published in the solicitation. Purchases of professional services as defined and identified under
subsection 11 B.2 (which are subject to Section 287.055, F.S.) and subsection 11 B.3 (which are
subject to Section 11.45, F.S.) shall not be subject to this local preference section.
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as
a Local Business which is included as part of this solicitation.
Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude
said Vendor from being considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one year.
25. Key Personnel: The personnel named in the Proposal shall remain responsible throughout the period
of this contract. No diversion or replacement may be made without submission of a resume of the
proposed replacement with final approval being granted by Collier County.
26. Subcontracts: No portion of the requested services may be subcontracted without the prior written
permission of Collier County.
27. Compensation: The County shall pay the Contractor for the performance of this Agreement upon
completion of the work as accepted and approved by the Project Manager or his designee and upon
receipt of a proper invoice. Payments may be made to the Contractor when requested as work
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progresses, but not more frequently than once per month, for the actual hours worked and materials
used in the preceding month, less 10% retainage, if so stated in the Work Order. Upon final acceptance
of the contracted services by the County, the County will pay the contractor the total amount withheld.
Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Florida
Statutes, otherwise known as the "Florida Prompt Payment Act ".
28. Maintenance of Traffic Policy: For all projects that are conducted within a Collier County Right -of-
Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition
of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and
as prescribed in the Florida Department of Transportation Design Standards (DS), where applicable on
state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy,
#5807. A copy of this policy is attached hereto as Exhibit B.
29. No Minimum or Maximum: The services required by this contract shall include but not be limited to the
services described on page 6. The County shall order services as required but makes no guarantee as
to the quantity, or type of services that will be required by this contract.
30. Substitute Performance: In the event the Contractor fails to perform any required service within the
time schedule under the subsequent contract, the County reserves the right to obtain substitute
performance. Further, the County reserves the right to deduct the cost of such substitute performance
from the Contractor's payments. The Contractor may be exempt from this provision if such exemption
is granted by the Project Manager or his designee, in writing, prior to any delays or as a result of an Act
of Nature, grants such exemption.
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+Goer
CAMMY
Adrnnistabve services Division
Purchasing
Attachment 1: Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise
and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not
wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the
reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover
page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E,
Naples, FL 34112.
We are not responding to Solicitation 14 -6213 Utility Contractors for the following reason(s):
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name: Date
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co ler county
Adrrinishati+Fe SeMoe Wsion
Purchasing
Attachment 2: Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated
and return with your Proposal. Vendor should check off each of the following items as the necessary
action is completed:
❑ The Proposal has been signed.
❑ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
❑ Any addenda have been signed and included.
❑ The mailing envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Scott D. Johnson, Interim Acquisition Manager
❑ The mailing envelope must be sealed and marked with Solicitation 14 -6213 Utility Contractors
and 5/2/14.
❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Packet Page -1316-
Date
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co per County
AdninisbuM Serum Division
Purchasing
Attachment 3: Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to
the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work;
and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully
disclosed.
Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the
Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and /or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of _
County of _
SUBSCRIBED AND SWORN to before me this
20 ,
by
identification
Notary Public
My Commission Expires
day of ,
, who is personally known to me to be the
for the Firm, OR who produced the following
Packet Page -1317-
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r7er County
Adrr>inisbaWe Services DMsicm
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 14 -6213 Utility Contractors
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of all
requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by Solicitation: 14 -6213 Utility Contractors.
(Proposal Continued on Next Page)
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PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this
the County of in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
CCR # or CAGE Code
Telephone:
FAX:
Signature by:
(Typed and written)
Title:
Additional Contact Information
Send payments to:
(required if different from above) Company name used as payee
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone: Email
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7/8/2014 16.C.10.
day of 20 in
14 -6213
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7/8/2014 16.C.10.
coley county
Adm isra" Semoes DMslon
Purchasing
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 14 -6213 Utility Contractors (Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non - permanent structure such as a
construction trailer, storage shed, or other non - permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well -being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one year.
Vendor must complete the following information:
Year Business Established in ❑Collier County or ❑ Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Collier or Lee County Address:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of
, 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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7/8/2014 16.C.10.
Colter County
Adrninistative services Division
Purchasing
Attachment 6: Immigration Affidavit Certification
Solicitation: 14 -6213 Utility Contractors
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are
required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time
of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly
completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of
Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in
the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ( "INA ").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding
with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated
by the Department of Homeland Security in partnership with the Social Security Administration at the time of
submission of the Vendor's / Bidder's proposal.
Company Name
Print Name Title
Signature
State of _
County of
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
(Type of Identification and Number)
as identification.
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Cofer county
AcIrriNsbabve services Division
Purchasing
Attachment 7: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (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
_Corporation
(as shown on income tax return)
_Tax Exempt (Federal income tax - exempt entity
Business Name
under Internal Revenue Service guidelines IRC
(if different from taxpayer name)
501 (c) 3)
Address
City
State
Zip
Telephone FAX
Email
Order Information
Remit / Payment Information
Address
Address
City State Zip
City State Zip
FAX
FAX
Email
Email
2. Company Status (check only one)
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
D = Disregarded Entity, C = Corporation, P = Partnership
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
(Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
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cortr Copy
Adrlriistrafive Services EkAion
Purchasing
Attachment 8: 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 $ single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $2,000,000 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
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone
employed or utilized by the Contractor /Vendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability
$ 1,000,000.00 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500,000 each claim and in the aggregate
• $1,000,000 each claim and in the aggregate
• $2,000,000 each claim and in the aggregate
❑ Professional Liability $ per claim and in
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7/8/2014 16.C.10.
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the
required insurance provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for
Commercial General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board
of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier
MPO). 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.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5) days of the award of this solicitation.
Name of Firm
Vendor Signature
Print Name
Insurance Agency
Agent Name
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Date
Telephone Number
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7/8/2014 16.C.10.
cotes county
Adrft� sbatw semi Dom«,
Purchasing
Attachment 9: Reference Questionnaire
Solicitation: 14 -6213 Utility Contractors
Reference Questionnaire for:
(Name of Company Requesting Reference Information)
(Name of Individuals Requesting Reference Information)
Name: Company:
(Evaluator completing reference questionnaire) (Evaluator's Company completing reference)
Email: FAX: Telephone:
Collier County is implementing a process that collects reference information on firms and their key personnel to be used
in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as
a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the
best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the
firm /individual again) and 1 representing that you were very unsatisfied (and would never hire the firm /indivdival again).
If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will
be scored "0."
Project Description:
Project Budget:
Change Orders - Dollars Added :
Completion Date:
Project Number of Days:
Change Orders - Days Added:
Item
Citeria
Score
1
Ability to manage the project costs (minimize change orders to scope).
2
Ability to maintain project schedule (complete on -time or early).
3
Quality of work.
4
Quality of consultative advice provided on the project.
5
Professionalism and ability to manage personnel.
6
Close out project process (final product turnover; invoices; manuals or going
forward documentation, etc.)
7
Ability to verbally communicate and document information clearly and succinctly.
8
Abiltity to manage risks and unexpected project circumstances.
9
Ability to follow County policies, procedures, rules, regulations, etc.
10
Overall comfort level with hiring the company in the future (customer satisfaction).
TOTAL SCORE OF ALL ITEMS
Please FAX this completed survey to:
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By
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FWQ011t:11i
PUBLIC PAYMENT BOND
7/8/2014 16.C.10.
Annual Contract for Utility Contracting Services
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
held and firmly bound to
payment whereof we bind ourselves, our heirs, executors,
and assigns, jointly and severally.
, as Principal, and
as Surety, located at
(Business Address) are
as Oblige in the sum of
($ ) for the
personal representatives, successors
WHEREAS, Principal has entered into a contract dated as of the
20_, with Oblige for
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to as the Contract.
day of
in
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in
full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of each party being affixed and these presents duly signed by its
under - signed representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
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14 -6213
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Witnesses as to Principal
BY:
NAME:
ITS:
7/8/2014 16.C.10.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by I as of
a corporation, on behalf of the
corporation. He /she is personally known to me OR has produced as identification
and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witnesses to Surety
•v
Witnesses
(Signature of Notary)
NAME:
(Legibly Printed)
Notary Public, State of
Commission No.:
I_011C4VA
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
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38
STATE OF _
COUNTY OF
The foregoing instrument was
20_, by
of
behalf of Surety. He /She is
oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
7/8/2014 16.C.10.
(Business Address)
(Telephone Number)
acknowledged before me this day of
as
Surety, on
personally known to me OR has produced
as identification and who did (did not) take an
Name:
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
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7/8/2014 16.C.10.
EXHIBIT A
PUBLIC PERFORMANCE BOND
Annual Contract for Utility Contracting Services
Bond No.
Contract No. 14 -6213
KNOW ALL MEN BY THESE PRESENTS: That
as Principal, and
as Surety, located at
(Business Address) are
held and firmly bound to , as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20_, with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof,
and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains
because of any default by Principal under the Contract, including, but not limited to, all delay
damages, whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of
time, alterations or additions to the terms of the Contract or other work to be performed hereunder,
or the specifications referred to therein shall in anywise affect its obligations under this bond, and it
does hereby waive notice of any such changes, extensions of time, alterations or additions to the
terms of the Contract or to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20_, the name of each party being affixed and these presents duly signed by
its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
Witnesses as to Principal
STATE OF _
COUNTY OF
PRINCIPAL
M
NAME:
ITS:
The foregoing instrument was acknowledged before me this
20_, by
of
corporation, on behalf of the corporation
to me OR has produced _
identification and did (did not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Name:
(Signature)
(Legibly Printed)
Notary Public, State of:
Commission No.:
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day of
as
a
He /she is personally known
as
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7/8/2014 16.C.10.
ATTEST: SURETY:
14 -6213
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Packet Page -1331-
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_,
by
, as of
Surety, on behalf of Surety. He /She is personally known to
me OR has produced
as identification and who did (did
not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
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