Agenda 11/18/2014 Item # 16A2311/18/2014 16.A.23.
EXECUTIVE SUMMARY
Recommendation to award Term Contracts for RFP 14 -6212, "Annual Contract for Bridge
Repairs and Maintenance" to Quality Enterprises USA, Inc. and Wright Construction Group,
Inc. and authorize the Chairman to execute the standard agreements after County Attorney
approval on behalf of the Board.
OBJECTIVE: To utilize term contracts with two (2) firms to provide Bridge Repair and
Maintenance services to locations throughout Collier County for all County Departments to use
on an as needed basis.
CONSIDERATIONS: The Collier County Road & Bridge Maintenance Department has
identified a need for on -call maintenance and emergency repairs for bridges. An established
term contract will allow the department to proactively maintain the bridges and react promptly to
exigent needed repairs.
Requests for Proposals (RFP) for these services were solicited by the Purchasing Department on
July 21, 2014 Notices of the RFP invitation were sent to one thousand nine hundred and
seventy three ( 1,973) firms. A total of fifty five ( 55) firms requested the full RFP package,
and three (3) fines' submitted proposals by the deadline of August 15, 2014.
The Selection Committee held a meeting on September 29, 2014 to, rank, review and discuss the
proposals received. By consensus, the Selection Committee recommends the award of two (2)
contracts to Quality Enterprises USA, Inc. and Wright Construction Group, Inc. as the top ranked
firms.
The process for quoting of work for bridge repair and maintenance services will be as follows:
For Projects estimated to be less than $50.000:
The County may select one of the awarded Contractor(s); or may request quotes among all
awarded Contractor(s); or competitively solicit for new quotes according to the Board's
Purchasing Ordinance.
For Projects estimated to be greater than $50.000 and less than Two Hundred Thousand Dollars
($200.000):
The County shall obtain written quotations from all the awarded Contractors; or formally
complete a new solicitation according to the Board's Purchasing Ordinance. if quoting
all vendors under contract, the Contractor(s) will be asked to respond with a written quotation
within three (3) working days. The County will then issue an internal departmental work order and
subsequently issue a Notice to Proceed provided there has been a Purchase Order (or blanket
purchase order) established for the work.
FISCAL IMPACT: Funds for these services shall come from each individual department's
budget as projects are identified. The estimated annual expenditures are expected to be
approximately $500,000.
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GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth
Management Plan, it is consistent with the goals of the county to streamline and expedite the
procurement of services.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for Board approval. - ERP
RECOMMENDATION: That the Board of County Commissioners awards RFP 14 -6212
"Annual Contract for Bridge Repairs and Maintenance" to Quality Enterprises, USA, Inc. and
Wright Construction Group, Inc., and authorizes the Chairman to execute the standard
agreements after County Attorney approval on behalf of the Board.
Prepared by: J.R. Gorentz, Supervisor Road Maintenance Contracts and Projects
Attachments: 1) Solicitation; 2) Final Ranking; 3) Agreement — Quality Enterprises USA; and 4)
Agreement- Wright Construction Group, Inc.
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11/18/2014 16.A.23.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to award Term Contracts for RFP 14 -6212, "Annual
Contract for Bridge Repairs and Maintenance" to Quality Enterprises USA, Inc. and Wright
Construction Group, Inc. and authorize the Chairman to execute the standard agreements after
County Attorney approval on behalf of the Board.
Meeting Date: 11/18/2014
Prepared By
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
10/24/2014 3:54:32 PM
Approved By
Name: LynchDiane
Title: Supervisor - Operations, Road Maintenance
Date: 10/24/2014 4:54:01 PM
Name: HerreraSandra
Title: Manager - Procurement, Purchasing & General Services
Date: 10/25/2014 9:24:16 AM
Name: V1ietJohn
Title: Director - Road Maintenance, Road Maintenance
Date: 10/27/2014 11:37:08 AM
Name: Markiewiczloanne
Title: Director - Purchasing /General Services, Purchasing & General Services
Date: 10/27/2014 7:53:59 PM
Name: EvelynColon
Title: Purchasing - Procurement Specialist
Date: 10/28/2014 10:53:09 AM
Name: LaPierreBarbara
Title: Management/Budget Analyst, Transportation Administration
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11/18/2014 16.A.23.
Date: 10/28/2014 4:42:39 PM
Name: KearnsAllison
Title: Manager Financial & Operational Support, Transportation Administration
Date: 10/29/2014 3:45:05 PM
Name: ShueGene
Title: Director - Operations Support, Transportation Administration
Date: 10/29/2014 5:14:07 PM
Name: GorentzJR
Title: Supervisor - Road Maint Cont & Projects, Road Maintenance
Date: 10/29/2014 5:45:42 PM
Name: GossardTravis
Title: Superintendent - Roads & Bridges, Road Maintenance
Date: 10/30/2014 9:14:37 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/30/2014 2:00:52 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1 l /4/2014 4:50:03 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11/5/2014 10:06:37 AM
Name: lsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 1 l /5/2014 1:25:28 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: l 1/10/2014 10:02:49 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/10/2014 1:40:44 PM
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11/18/2014 16.A.23.
REQUEST FOR PROPOSAL
cote Count
Adr inisbBbve Services division
Purchasing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Solicitation #14 -6212, Bridge Repairs and Maintenance
Evelyn Colon, Procurement Strategist
239 - 252 -2667 (Telephone)
239 - 252 -2810 (Fax)
evelyncolon @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.
P;,mhasir i C2art --0. Tamiami Trau Ea; Naries, F c-:, u 3411 K'! ne asrP
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Table of Contents
LEGALNOTICE ................................................................................................................................... ............................... 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ............................................ ............................... 4
EXHIBITII: GENERAL RFP INSTRUCTIONS ........................................................................................... ............................... 9
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ....................................... .............................12
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............................................................. .............................16
ATTACHMENT 1: VENDOR'S NON - RESPONSE STATEMENT ................................................................. .............................24
ATTACHMENT2: VENDOR CHECK LIST ................................................................................................ .............................25
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT .......................................................................... .............................26
ATTACHMENT 4: VENDOR DECLARATION STATEMENT ....................................................................... .............................27
ATTACHMENT 5: AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ....................................... .............................29
ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION .............................................................. .............................30
ATTACHMENT 7: VENDOR SUBSTITUTE W — 9 .................................................................................... .............................31
ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS ........................................................... .............................32
ATTACHMENT 9: REFERENCE QUESTIONNAIRE ................................................................................... .............................34
EXHIBIT1 -A (BRIDGE REPAIRS) .................................................................................................................. .............................35
14 -6212, Bridge Repairs and Maintenance
2
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§g.
er County
n inistrative Service Division
Purchasing
Legal Notice
Sealed Proposals to provide bridge repair and maintenance services will be received until 3:OOPM
Naples local time, on August 15, 2014 at the Collier County Government, Purchasing Department,
3327 Tamiami Trail E, Naples, FL 34112.
Solicitation
14 -6212, Bridge Repairs and Maintenance
Services to be provided may include, but not be limited to the following: the work under this contract consists
of furnishing all labor, materials, equipment, and incidentals necessary to perform routine and priority repairs
on bridges and associated bridge structures in Collier County.
A non - mandatory pre - proposal conference will not be held for this solicitation. 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
Director, Procurement Services
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 July 21, 2014.
:41, 2•t.Jr ask. Z: .. Pu"uhi.;.r�
14 -6212, Bridge Repairs and Maintenance
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Division (hereinafter, the "Division "), 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.
Brief Description of Purchase
The sole intent of this solicitation is to obtain proposals from interested and qualified firms offering
bridge repair and maintenance services in accordance with the specifications stated and /or attached
herein /hereto. Historically, County departments have spent approximately $80,000.00.
Background
As part of the statewide bridge inspection program, the FDOT inspectors recommend that immediate
attention be focused on general repair and maintenance elements outlined in the biennial bridge
inspection reports provided to the County. The County will also identify routine /preventative bridge
maintenance needs and prepare a plan of action for repairs and rehabilitation.
Detailed Scope of Work
This scope of works involves Minor Bridge Repairs, including collision damage repair that may include
but not limited to the following:
1.1 Preservation and upkeep of a structure to prevent deterioration (cleaning, spot
painting, dirt and debris removal)
1.2 Concrete repairs to bridge deck surfaces, beams, bent caps and piles (cracking,
spalling, laminating, joints, drainage systems)
1.3 Bridge railing repairs /replacement
1.4 Concrete repairs to bulkhead caps and sheetpiles, fender system components
1.5 Bridge approach roadway
1.6 Guardrail, anchorages, approach slabs
1.7 Slope protection and scour countermeasures (waterway channels,
1.8 Obtaining permits for dewatering
1.9 Surveying, mapping and preparation right -of -way documents
1.10 Plans preparation
1.11 Pavement design
1.12 Utility coordination
1.13 Maintenance of traffic plans
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1.14 Bid services
1.15 Construction inspection services
Additional Detail Scope of Work
See Exhibit 1 -A — Bridge Repairs
Term of Contract
The contract term, if an award(s) is /are made is intended to be for Identify one of the options: one
(1) year with three (3) one year renewal options.
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
July
21, 2014
Last Date for Receipt of Written Questions
August
1, 3:OOPM
Addendum Issued Resulting from Written Questions
August
6, 2014
Solicitation Deadline Date and Time
August
15, 2014 3:OOPM
Anticipated Evaluation of Submittals
August
2014
Anticipated Completion of Contract Negotiations
TBD
Anticipated Board of County Commissioner's Contract Approval Date
TBD
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.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
14 -6212, Bridge Repairs and Maintenance
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1. Tab I, Proposer's Credentials, Previous Performance and Project Understanding (30 points)
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.
Proposers shall provide, in detail, their credentials for providing bridge repair and maintenance
services and any information which documents successful and reliable experience in past
performance, especially those performances related to the requirements of this solicitation.
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. Provide a narrative of the Proposer's understanding of the overall intent of the
services. Identify any issues or concerns of significance that may be appropriate.
Should subcontractor(s) be listed as a part of the project team, the Proposer shall provide a
letter from each subcontractor that indicates the subcontractor's intent to be a part of the
project team. Proposals submitted without the referenced letter(s) may result in the
subcontractor's qualifications being eliminated from the review process. Proposer's ability to
provide a complete proposal will be considered representative of the firm's responsiveness.
Points will be deducted under this item for failure to submit all information as requested in this
RFP.
2. Tab II, Staff Credentials (30 points)
In this tab, include:
Description of the proposed contract team and the role to be played by each member
of the proposed team.
The Proposer shall include the name, title, address and telephone number of persons
who will both manage and be assigned to perform services under the proposal. Brief
Biographies: A brief one (1) page bio, including references, detailing educational
qualifications and previous work assignments related to this RFP for each person who
will perform the services required shall be included. Failure to do so may be cause for
rejection of the proposal. Credentials will be subject to verification. In the event there
should be a change in the person(s) names assigned to perform the services under
this contract, the Contractor shall submit, for approval to the County, the credentials
and resumes of the person(s) the Contractor wishes to perform the services under this
Contract.
3. Tab III, Corporate Experience, Capacity and Current Workload (20 points)
In this tab, include:
• Provide a statement as to what effect your current workload will have on your ability to
perform this work.
• Provide information that documents your firm and subcontractors' qualifications to
produce the required outcomes, including its ability, capacity, skill, and financial
strength, and number of years of experience in providing the required services. Also
14 -6212, Bridge Repairs and Maintenance
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describe the various team members' successful experience in working with one
another on previous projects.
Provide a listing of all previous customers during the past three years for all work of
similar size and scope and budget. The services provided to these customers should
have characteristics as similar as possible to those requested in this RFP. Information
provided for each customer shall include the following:
• Customer name, address, e-mail and current telephone number.
• Description of services provided and the time period of the project or contract.
• List projects in the format identified below:
Customer Start End Original Final Number of
Information Project Description Date Date Budget Project Change
Cost Orders
4. Tab IV, References (10 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.
• 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
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modify the reference points assigned after a thorough review of the proposal and prior to final
ranking by the final Selection Committee.
5. Tab V, 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.
6. Tab VI, 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
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Exhibit II: General RFP Instructions
1. Questions
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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:OOPM, Naples local time, on or before August 15, 2014
to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Evelyn Colon, Procurement Strategist
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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 Procurement
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 five (5) 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.
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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
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 I, Proposer's Credentials, Previous Performance and Project Understanding 30
Tab II, Staff Credentials 30
Tab III, Corporate Experience, Capacity and Current Workload 20
Tab IV, References 10
Local Vendor Preference 10
TOTAL 100
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
regulations. Risk of loss of any goods
This offer is subject to cancellation by the
sold hereunder shall transfer to the
COUNTY without notice if not accepted by
COUNTY at the time and place of
VENDOR within fourteen (14) days of
delivery; provided that risk of loss prior
issuance.
to actual receipt of the goods by the
COUNTY nonetheless remain with
2. Acceptance and Confirmation
VENDOR.
This Purchase Order (including all
b) No charges will be paid by the COUNTY
documents attached to or referenced
for packing, crating or cartage unless
therein) constitutes the entire agreement
otherwise specifically stated in this
between the parties, unless otherwise
Purchase Order. Unless otherwise
specifically noted by the COUNTY on the
provided in Purchase Order, no invoices
face of this Purchase Order. Each delivery
shall be issued nor payments made
of goods and /or services received by the
prior to delivery. Unless freight and
COUNTY from VENDOR shall be deemed to
other charges are itemized, any
be upon the terms and conditions contained
discount will be taken on the full amount
in this Purchase Order.
of invoice.
c) All shipments of goods scheduled on the
No additional terms may be added and
same day via the same route must be
Purchase Order may not be changed except
consolidated. Each shipping container
by written instrument executed by the
must be consecutively numbered and
COUNTY. VENDOR is deemed to be on
marked to show this Purchase Order
notice that the COUNTY objects to any
number. The container and Purchase
additional or different terms and conditions
Order numbers must be indicated on bill
contained in any acknowledgment, invoice
of lading. Packing slips must show
or other communication from VENDOR,
Purchase Order number and must be
notwithstanding the COUNTY'S acceptance
included on each package of less than
or payment for any delivery of goods and /or
container load (LCL) shipments and /or
services, or any similar act by VENDOR.
with each car load of equipment. The
COUNTY reserves the right to refuse or
3. Inspection
return any shipment or equipment at
All goods and /or services delivered
VENDOR'S expense that is not marked
hereunder shall be received subject to the
with Purchase Order numbers.
COUNTY'S inspection and approval and
VENDOR agrees to declare to the
payment therefore shall not constitute
carrier the value of any shipment made
acceptance. All payments are subject to
under this Purchase Order and the full
adjustment for shortage or rejection. All
invoice value of such shipment.
defective or nonconforming goods will be
d) All invoices must contain the Purchase
returned pursuant to VENDOR'S instruction
Order number and any other specific
at VENDOR'S expense.
information as identified on the
Purchase Order. Discounts of prompt
To the extent that a purchase order requires
payment will be computed from the date
a series of performances by VENDOR, the
of receipt of goods or from date of
COUNTY prospectively reserves the right to
receipt of invoices, whichever is later.
cancel the entire remainder of the Purchase
Payment will be made upon receipt of a
Order if goods and /or services provided
proper invoice and in compliance with
early in the term of the Purchase Order are
Chapter 218, Fla. Stats., otherwise
non - conforming or otherwise rejected by the
known as the "Local Government
COUNTY.
Prompt Payment Act," and, pursuant to
4. Shipping and Invoices
the Board of County Commissioners
a) All goods are FOB destination and must
Purchasing Policy.
be suitably packed and prepared to
secure the lowest transportation rates
5. Time Is Of the Essence
and to comply with all carrier
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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.
6. Changes
The COUNTY may at any time and by
written notice make changes to drawings
and specifications, shipping instructions,
quantities and delivery schedules within the
general scope of this Purchase Order.
Should any such change increase or
decrease the cost of, or the time required for
performance of the Purchase Order, an
equitable adjustment in the price and /or
delivery schedule will be negotiated by the
COUNTY and 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.
8. Statutory Conformity
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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.
11. Warranty of Non - Infringement
VENDOR represents and warrants that all
goods sold or services performed under this
Purchase Order are: a) in compliance with
applicable laws; b) do not infringe any
patent, trademark, copyright or trade secret;
and c) do not constitute unfair competition.
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).
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
and transportation shall conform to all likely to occur, VENDOR may, at the
applicable laws, including but not limited to COUNTY'S option, procure for the COUNTY
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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
provide commercial insurance of such type
and with such terms and limits as may be
reasonably associated with the Purchase
Order. Providing and maintaining adequate
insurance coverage is a material obligation
of the 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 said agreement
immediately. Any breach of this provision
may be regarded by the COUNTY as a
material and substantial breach of the
contract arising from this Purchase Order.
14. Force Majeure
Neither the COUNTY nor 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
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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
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
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C)
3
deemed a waiver of any subsequent
default by VENDOR.
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.
The Vendor agrees to reimbursement of
any travel expenses that may be
associated with this Purchase Order in
accordance with Florida Statute Chapter
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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
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hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County
may terminate the Agreement or at its sole discretion shall be authorized to purchase such
coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the
County for such costs within thirty (30) days after demand, the County has the right to offset these
costs from any amount due Vendor under this Agreement or any other agreement between the
County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it
be responsible for the coverage(s) purchased or the insurance company or companies used. The
decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a
waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the
scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of
the Vendor to provide the County with such renewal certificate(s) shall be considered justification for
the County to terminate any and all contracts.
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 51 % 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
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Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(a-)collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and /or services
as part of this agreement.
Payment methods include:
• Traditional — payment by check, wire transfer or other cash equivalent.
• Standard — payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is
cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will entertain
bids clearly stating pricing for standard payment methods. An additional separate discounted price
for traditional payments may be provided at the initial bid submittal if it is clearly marked as an
"Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that
prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for
payment without prior approval from the Project manager. All invoices should be submitted within
the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.)
Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment)
unless specifically authorized by the Project Manager.
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
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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.
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. All firewall
penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County facility,
property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This
provision is non - negotiable by any department and /or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE
Protective labels.
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.
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11. Relation of County
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 Procurement Director or his designee(s). Failure
to abide by this provision may serve as grounds for disqualification for award of this contract to the
firm.
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.
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17. Survivability
Work Orders: The Consultant/Contractor /Vendor agrees that any Work Order that extends beyond
the expiration date of Solicitation 14 -6212, Bridge Repairs and Maintenance will survive and remain
subject to the terms and conditions of that Agreement until the completion or termination of this Work
Order.
18. Protest Procedures
Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with the County's
then current purchasing ordinance and policies.
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 Procurement Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted.
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Procurement Director.
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
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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.
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.
14 -6212, Bridge Repairs and Maintenance
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11/18/2014 16.A.23.
24. Collier County Local Preference Policy
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.
14 -6212, Bridge Repairs and Maintenance
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C per County
rrinistrafive Service Division
?crchasin'g
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 14-6212, Bridge Repairs and Maintenance 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
14 -6212, Bridge Repairs and Maintenance
24
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C;O ler c aunty
Ajdmnisvative Services Dwisicn
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: Evelyn Colon, Procurement Strategist
❑ The mailing envelope must be sealed and marked with Solicitation 14 -6212, Bridge Repairs
and Maintenance and August 15, 2014.
❑ 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: Date
14 -6212, Bridge Repairs and Maintenance
A&7
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11/18/2014 16.A.23.
Ter CMrity
dministraWe Serum DMsion
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
Procurement 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 day of
20
by who is personally known to me to be the
for the Firm, OR who produced the following
identification
Notary Public
My Commission Expires
Packet Page -1248-
14 -6212, Bridge Repairs and Maintenance
26
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Caen County
Adrninist atnve Services Dvision
Purchasing
Attachment 4: Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: Solicitation: 14 -6212, Bridge Repairs and Maintenance
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 -6212, Bridge Repairs and Maintenance.
(Proposal Continued on Next Page)
14 -6212, Bridge Repairs and Maintenance
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PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2014 in
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
14 -6212, Bridge Repairs and Maintenance
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co�e -►- caH,,ty
Adrnnis"tve Seances vision
r.r^,hasmg
Attachment 5: Affidavit for Claiming Status as a Local Business
Solicitation: 14 -6212, Bridge Repairs and Maintenance (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:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Title:
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)
Packet Page -1251-
14 -6212, Bridge Repairs and Maintenance
29
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co1r CaUnty
Ad,nniszrabve Servioes Division
F,uchasing
Attachment 6: Immigration Affidavit Certification
Solicitation: 14 -6212, Bridge Repairs and Maintenance
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
Signature
State of
County of
Title
Date
The foregoing instrument was signed and acknowledged before me this day of ,
20_, by
who has produced
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
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.
14 -6212, Bridge Repairs and Maintenance
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Goer ccunty
AdrmNsta'vve Services 04sion
Pumhasing
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, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
14 -6212, Bridge Repairs and Maintenance
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tr county
j;dr
nnisratrve ServicesDqvision
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
$500,000 single limit per occurrence
3. ® Commercial General
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$1,000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
4. ® Indemnification
To the maximum extent permitted by Florida law, the
Contractor /Vendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor /Vendor /Consultant or anyone
employed or utilized by the Contractor /Vendor /Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
4. ® Automobile Liability
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
® Pollution $ 1,000,000 Per Occurrence
❑ Professional Liability $ Per 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
Packet Page -1254-
per claim and in
11/18/2014 16.A.23.
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. 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
Packet Page -1255-
Date
Telephone Number
14 -6212, Bridge Repairs and Maintenance
33
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cof, ,r county
Adrnnmative Services Division
Purchasing
Attachment 9: Reference Questionnaire
Solicitation: 14 -6212, Bridge Repairs and Maintenance
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: Completion Date:
Project Budget:
Change Orders - Dollars Added :
Project Number of Days:
Change Orders - Days Added:
Item
Crteria
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
Project administration (completed documents, final invoice, 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 contract documents, 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:
Packet Page -1256-
By
14 -6212, Bridge Repairs and Maintenance
34
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Exhibit 1 -A - BRIDGE REPAIRS
TABLE OF CONTENTS
1. PROPOSAL REQUIREMENTS AND CONDITIONS
1.1 CONTRACT INFORMATION
1.2 STANDARDS, SPECIFICATIONS AND REFERENCES
2. LOCATION OF WORK
3. SCOPE OF WORK
3.1 INTENT OF CONTRACT
3.2 INCREASE OR DECREASE IN QUANTITIES
3.3 PASS THRU COST ITEMS
3.4 MOBILIZATION AND MAINTENANCE OF TRAFFIC
4. CONTROL OF THE WORK
4.1 AUTHORITY OF THE PROJECT MANAGER AND THE ENGINEER
4.2 WORK ORDERSS
4.3 WORK ASSIGNMENT, PLANNING AND TIME
4.4 MATERIALS
4.5 ACCEPTANCE OF WORK AND PAYMENT
4.6 FINAL ACCEPTANCE OF WORK PERFORMED
5. CONTRACTOR'S RESPONSIBILITY
5.1 PERSONNEL
5.2 CONTRACTOR'S EQUIPMENT
5.3 SAFETY AND HEALTH
5.4 DISPOSAL OF DEBRIS
5.5 CONFINEMENT OF DEBRIS
5.6 LEAD BASED PAINTING
5.7 RAILROAD PROPERTY
5.8 UTILITIES
5.9 PROTECTION AND RESTORATION OF SURVEY MONUMENTS
5.10 ENVIRONMENTAL
5.11 QUALIFICATION
5.12 ACCEPTANCE OF WORK ORDERSS
5.13 PERMITS AND INSPECTION FEES
5.14 WEATHER CONDITIONS
5.15 CONTRACTOR'S HOLD HARMLESS AGREEMENT
6. SCHEDULES, REPORTS AND RECORDS
7. GENERAL NOTES
8. DRAWINGS AND SPECIFICATIONS
9. CONTRACTOR'S SHOP DRAWINGS
10. CHANGES IN SCOPE OF WORK
11. INSPECTION OF WORK
12. AUTHORITY AND DUTIES OF INSPECTORS
13 REJECTIONS OF WORK AND MATERIALS
14 -6212, Bridge Repairs and Maintenance
35
Packet Page -1257-
14. COUNTY'S RIGHT TO SUSPEND OR TERMINATE WORK
15. GUARANTEE AND CORRECTION OF WORK
16. BRAND NAMES AND / OR QUALS
17. VENUE
BRIDGE REPAIRS
11/18/2014 16.A.23.
1. PROPOSAL REQUIREMENTS AND CONDITIONS:
Section 2 of the State of Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, latest edition, applies except as modified herein.
1.1 CONTRACT INFORMATION:
The duration of this contract is one (1) year, renewable for three (3) one year periods. County reserves the
right to review, and extend or terminate, the contract at the end of each term.
1.2 STANDARDS, SPECIFICATIONS, AND REFERENCES:
The following listed documents are incorporated by reference and the applicable portions thereof are made
a part of this contract as supplemented and amended by the provisions of this contract.
1.2.1 State of Florida Roadway and Traffic Design Standards, latest edition, referred to as: FDOT
TRAFFIC STANDARDS!
1.2.2 Florida Department of Transportation Standard Specifications for Road and Bridge Construction,
latest edition, including any supplements and revisions. Referred to as: STANDARD SPECIFICATIONS
1.2.3 Manual on Uniform Traffic Control Devices, latest edition, including Part VI, Standards and Guides
for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management
Operations, (Most Current Edition of MUTCD). Referred to as: the MUTCD
1.2.4 State of Florida Qualified Products List, latest edition, hereinafter called: the QPL.
1.2.5 Code of Federal Regulations CFR 1910 -1926, Occupational Safety and Health Standards for
General Industry and Construction.
1.2.6 FDOT Industrial Safety Manual, Document No. 500 - 000 -015A, latest edition, State Safety Office,
Tallahassee, FL 32399 -0450
1.2.7 Damage Evaluation and repair methods for pre- stressed concrete bridge members, National
Cooperative Highway Research Report 226, Transportation Research Board, National Research Council,
Washington, D.C. Hereinafter referred to as:
REPORT 226'.
1.2.8 Standard Drawings Topic No. 625 - 020 - 300 -d, FDOT Structures Design Office, 605Suwannee St.,
Tallahassee, FL 32399 -0450. Hereinafter referred to as STANDARD DRAWINGS.
1.2.9 AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS, latest edition. Hereinafter referred to as
AASHTO.
1.3 The QPL is available from Florida Dept. of Transportation, Value Engineering Office, 605 Suwannee
Street, Tallahassee, FL 32399 -0450, Telephone (904) 487 -3982.
FDOT manuals, where not otherwise noted, may be obtained from: Maps & Publications Sales, Haydor
Burns Building, 605 Suwannee Street, Tallahassee, FL 32438, (904) 990 -0830
FHWA manuals: U.S. Government Printing Office, Washington, D.C. 20402
2. LOCATION OF WORK:
The work will be ordered at various locations in Collier County.
3. SCOPE OF WORK:
Section 4 of STANDARD SPECIFICATIONS applies except as modified herein.
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Once project is awarded
3.1 INTENT OF CONTRACT:
The purpose of this contract is to provide Collier County with the means for a quick response to resolve
problems that relate to Bridge Repair. Projects requiring right -of -way acquisition will be beyond the scope
of this contract. Awarded vendors will be required to provide quotes on each project over $50,000 -- the
Pay Items submitted will consist of furnishing all labor, materials, equipment, and incidentals necessary to
perform routine and priority repairs on bridges and associated bridge structures in Collier County.
3.2 INCREASE OR DECREASE IN QUANTITIES:
The actual reimbursement to the Contractor will be based on the unit price of the actual amount of work
authorized for completion and completed, and approved by the Project Manager or his delegate, subject to
the limiting amount of the contract. The Contractor shall perform each item of work specified in a Work
Orders at bid price independent of quantity. The quantities listed on the bid sheets are estimates only.
County does not guarantee any maximum or minimum quantity, any minimum expenditure, any range of
quantities, or the quantities shown for each bid item, and specific bid items may or may not be included in
the work of the contract.
The Contractor shall bid every item. County's estimated quantities and contractor's bid price will be used
to calculate a total bid amount. This amount will then be used to determine the low bidder. The bidder
shall not take the wording of the name of the Pay Item as necessarily being descriptive of or being a
specification for the work to which the Pay Item applies.
The repair is to be according to the Work Orders acknowledged by the Contractor, also either (1) according
to the applicable part of Division II, STANDARD SPECIFICATIONS that corresponds to the Pay Item, or (2)
according to the applicable part of Division 11, STANDARD SPECIFICATIONS as modified by the
description of the repair that is given in the text of this Contract, or (3) according to the text of this contract
without regard to any part of Division 11, STANDARD SPECIFICATIONS.
3.3 PASS THRU COST ITEMS:
A Pass thru Cost on items shall include and not be limited to the following items: Generators, cylinders,
pumps, motors, traffic gates, limit switches, navigational lights, air buffers, gear boxes, brakes, structural
steel etc. The purpose of these items is to provide a means of covering the direct cost to the contractor for
any items not contained within or specified by the contract documents. Provide percentage of markup for
these items on the bid response pages.
Parts and Materials: Payment for parts and materials will be at Contractor's cost. The cost for these items
will be a pass thru, i.e. the Contractor will charge the County the same invoice prices as he is charged by
the suppliers. A copy of the Contractor's invoices from the supplier for such parts and materials will be
submitted with the Contractor's invoice for payment. In cases where the Contractor manufactures his own
parts, he will charge the County a price no higher than he charges his most favored customer. The County
reserves the right to request verification. Any replacement parts, labor and /or materials required for any
service call with a cost to the County of $500.00 (five hundred) or more shall have prior written approval
from the Contract Administrator. All invoices must have the County Work Orders number.
Upon submittal of pass thru cost item, the invoice will reflect the cost per the documentation multiplied by
the % markup factor the vendor specified on the bid sheet to arrive at a total invoice cost. Contractor shall
provide receipts for all the pass -thru cost items. If the contractor uses his /her equipment then the County
has right to verify the fair market price; the contractor shall also provide a letter to the County stating that
the price of the item is fair market value.
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The cost of mobilization and maintenance of traffic shall be included in the cost of individual pay items. No
additional compensation will be given for mobilization and maintenance of traffic. Any required MOT plans
shall be approved by Collier County Traffic Engineering Division prior to the start of Work. If the approved
MOT does not require law enforcement on the job site and the contractor desires to have law enforcement
on the job; the contractor shall be responsible for all cost incurred on law enforcement. MOT and Labor
maybe required at any hour (24/7), night time, weekends and /or holidays at no additional cost to the
County. Approved MOT plan must be certified by an International Municipal Signal Association (IMSA)
Supervisor or American Safety Association (ATSSA) Supervisor.
4. CONTROL OF THE WORK:
Section 5 of STANDARD SPECIFICATIONS applies except as modified herein and except as modified in
the Work Orders acknowledged by the Contractor. Section 8 of STANDARD SPECIFICATIONS applies
except as modified herein and except as modified in the Work Orders acknowledged by the Contractor.
4.1 AUTHORITY OF THE PROJECT MANAGER AND THE ENGINEER:
The PROJECT MANAGER (thus referred to throughout this document) will be responsible for the control of
work by way of a work document issued to the Contractor. He will be responsible for acceptance of the
work and for participation in field supervision. Where the ENGINEER appears in this document, it means
the individual assigned by the Project Manager or delegate to be responsible for field supervision of the
work.
4.2 WORKAORK ORDERS:
Work shall commence on any new project only after the issuance of a Notice to Proceed and depending on
the cost of the project either an internal department (below $200,000) or Board Approved ($200,001 and
above) Work Order by the PROJECT MANAGER, and acknowledgment in writing by the Contractor. Work
Time will be negotiated with the Contractor and will be given in the Work Orders. The Contractor will be
expected to acknowledge within three calendar days after receipt of the Work Orders. The
acknowledgment shall include confirmation of the Work Time.
Response Time: Tier I Emergency repair work may require the Contractor to be on site within twelve (12)
hours and commence work within twenty -four (24) hours of notification issued by the Project Manager an
Emergency Response Mobilization is authorized for this type emergency repair. Tier II Emergency repair
work requires the Contractor to be on site within twenty four (24) hours and commence the work within three
(3) calendar days after receipt of the Notice to Proceed at no additional cost to the County. For non -
emergency repair work, the Contractor shall meet with the Engineer and /or Project Manager at the work
sites within three (3) calendar days of notification as specified earlier in Section 4.2. The Contractor shall
send a qualified superintendent and a crew with adequate equipment to start the work within ten (10)
calendar days after receipt of the Notice to Proceed at no additional cost to the County.
4.3 WORK ASSIGNMENT, PLANNING AND TIME:
The work of this contract will be assigned as individual projects. A project will be used to mean a repair task
or a group of repair tasks to be accomplished at a location or locations. For each project or group of
projects, a WORK ORDERS and, optionally, plans or work documents will be issued to the Contractor by
the PROJECT MANAGER. Work documents may consist of formal plans and provisions, or may consist of
sketches and /or brief hand - written instructions. Work documents may be contained in the WORK
ORDERS. The Work Orders and plans or work documents will identify the type, location, description,
procedures, materials, and amount of work to be accomplished.
On request, the Contractor shall assist by proposing a repair method and furnishing informal sketches and
brief oral and written description of a method, and shall review and comment on repair methods proposed
by County. Costs for this effort will be considered incidental to the work being performed and will not be
measured separately for payment. If the work is interrupted for any reason (e.g. holidays, vacations,
natural disaster, etc.) the Contractor will clean -up the site and leave it in an orderly manner.
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PRE - CONSTRUCTION CONFERENCE: Before work on any Work Order is started, the PROJECT
MANAGER may call a pre -work conference to be held at a place designated by him. The purpose of the
conference is to review the sequence and control of a specific project as a Work Order under this contract.
The Contractor shall have on hand for this meeting a tentative working plan for the project showing in detail
his schedule, proposed subcontractors, materials, sequence of operations, number of crews, principal
contacts, suppliers, staging sites, etc. No work on a project under this contract shall be started until after
the Notice to Proceed has been issued by the PROJECT MANAGER.
All work documents shall be subject to the Work Time limitations. Failure to complete a work assignment
within that work time, unless previously extended in writing by the PROJECT MANAGER, will constitute
default. The Contractor shall pay to the County, the amount specified herein, as liquidated damages.
Due to maintenance of traffic considerations, the daytime work to be performed will be primarily between
9:00 am and 3:30 pm, Monday through Friday. Weekend work may be required. Nighttime operations may
be required by the PROJECT MANAGER; therefore, section 8 -4, Limitations of Operations, of the
STANDARD SPECIFICATIONS is applicable to this work. When weekend or night work is required,
permitted work hours will be established by the PROJECT MANAGER. No additional compensation shall
be given to the Contractor for night time or weekend work. All work hours shall be approved by the
PROJECT MANAGER, in advance.
The Contractor shall complete daily activities such that all travel lanes are open to traffic by the end of each
work day. In an emergency case where roadway is blocked or roadway material is removed and
unforeseen conditions arise to prevent completion of work before the end of the work day, Contractor shall
obtain approval from the ENGINEER for a plan to maintain traffic in a safe manner at all time. One week
before lane closures, the Contractor shall notify Collier County Traffic Engineering Division. Forty -eight
hours before lane closures, the Contractor shall notify the local Government (coiliergov.net/Roadalert),
Utility, and other agencies as designated in the Work Orders and /or work documents.
4.4 MATERIALS:
Section 6 of STANDARD SPECIFICATIONS applies except as modified herein.
All materials used on the project and furnished by the Contractor will be required to meet FDOT
specifications. Certified copies of test reports and material certifications, where required by the PROJECT
MANAGER or the ENGINEER, will be provided upon delivery to project site. Materials and equipment shall
be stored and handled as to insure the preservation of their quality and fitness for the work. No work shall
be done, nor materials used, without suitable supervision or inspection by the Project Manager or the
Engineer. The work must meet requirements for environmental protection, safety and health, debris
containment, removal and disposal, and the various obligations of Section 7, STANDARD
SPECIFICATIONS.
4.5 ACCEPTANCE OF WORK AND PAYMENT:
Section 9 of STANDARD SPECIFICATIONS applies except as modified herein.
The Contractor shall certify that the work quantities and quality were accomplished in accordance with the
Work Orders and with applicable specifications. CONTRACTOR CERTIFICATION WILL BE
ACCOMPLISHED BY INCLUDING THAT SIGNED STATEMENT ON THE INVOICE FOR THE WORK.
ANY INVOICE RECEIVED WITHOUT IT WILL BE REJECTED AND RETURNED FOR CORRECTION
BEFORE PAYMENT. Acceptable work quality in accordance with specifications and standards will be
determined by County. Reworking required due to Contractor negligence or inadequate procedure will be
the responsibility of the Contractor. No additional payment will be due the Contractor for the reworking of
non - acceptable items.
Invoices for payment shall originate with the Contractor, after the completion of each project or at the
request of the Contract Administrator. However, no invoice shall be issued until after inspection and
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acceptance of the work by County, which the County will complete within ten working days after receipt of
written notification that the work has been completed.
4.6 FINAL INSPECTION OF WORK PERFORMED:
If the County deems it necessary to have any of the contractor's work inspected by a private consultant the
County will pay for first inspection as a pass thru cost item. Any subsequent inspections necessary due to
substandard work or if the contractor is unable to meet the time schedule for the subsequent inspection, the
contractor shall bear all cost for any subsequent inspections.
5. CONTRACTOR'S RESPONSIBILITY: (Includes but is not limited to the items listed herein).
Section 7 of the STANDARD SPECIFICATIONS applies except as modified herein.
5.1 PERSONNEL:
5.1.1 WORK FORCE AND OFFICE:
The Contractor shall at all times provide an adequate work force of properly qualified personnel (licensed
and certified where required) sufficient to perform the required work shown in the work document. The
name of the Superintendent shall be submitted with qualifications and shall be approved by the PROJECT
MANAGER prior to start of the work. The Contractor's office must have telephone service, fax machine and
a mailing address.
5.1.2 SKILLED LABOR:
The County's Project Manager shall determine the number of skilled labor required to perform any task
under this contract. The Contractor shall provide verification of the employee's certification. After
reviewing the experience and certifications, the County's Project Manager will determine if the employee is
appropriately skilled.
5.1.3 SUPERVISORS /CONTRACTORS REPRESENTATIVES:
The Contractor shall provide the PROJECT MANAGER with names, addresses and telephone numbers
(including mobile and /or pager numbers) of at least three responsible representatives of his organization to
whom instructions may be given by the PROJECT MANAGER. Contractor shall assure that at least one
representative shall be accessible and available at all times (24 hours per day, seven days a week) during
the term of this contract.
5.1.4 SUBCONTRACTORS:
Subcontracting firms and the work they will perform shall be identified prior to the (notice to proceed) for any
project. The subcontracting firms must be approved in writing and qualified by County prior to
initiation of work. Any changes of the subcontracting firms or any changes in the work they will perform
relative to what is given in the Contractors original proposal shall be subject to review and approval by the
PROJECT MANAGER. No Contractor shall be allowed to subcontract more than thirty percent (49 %)
of the total value of the contract.
5.2 CONTRACTOR'S EQUIPMENT:
The Contractor shall furnish all transportation for his employees and equipment used in the performance or
work of this contract, with one exception: the under bridge inspection machine (Snooper). A Snooper may
be provided at County's option where this equipment is necessary, or the Contractor will be authorized in
writing to rent a Snooper, using Pay Item 999 2 8. All equipment shall be of quality, quantity, and type to
sufficiently perform as required for all work specified. All repair equipment used by the Contractor shall
conform to all applicable laws and safety requirements and shall be equipped with warning lights as
prescribed in the current D.O.T. regulations. All patrol vehicles shall be equipped with flashing amber lights.
All equipment shall display the Contractor's name in a prominent and clearly legible manner.
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Crane trucks or cranes are often required. Welding machines and Oxy- acetylene torches, telephone
communications, high - pressure water jet equipment, sandblasting equipment and air blast equipment are
required. Any or all of the tasks of this contract may involve working at heights, and will require that the
contractor have the capabilities to erect and remove scaffolding and work from it, to work from bucket truck
or raised platform truck, to work from small stable watercraft with scaffolding, and to work from an under
bridge inspection machine, all in accordance with OSHA safety regulations.
The Contractor shall provide all safety equipment required under DOT standards and OSHA regulations, as
is necessary to perform the tasks of this contract in a safe and legally sound manner. Each of the WORK
TASKS of these TECHNICAL SPECIAL PROVISIONS may require additional equipment, which is named
as ADDITIONAL EQUIPMENT in the sections which describe the tasks.
The equipment named in this document may not constitute a complete listing. The Contractor shall be
responsible for providing equipment which may not be named in this document, but which the Contractor
can reasonably be expected to have recognized the need for and to have it available for each task. No
change in the bid price shall be claimed due to absence of reference to such equipment from this document.
For emphasis, the lists herein do not necessarily include items which may be necessary in order to meet
requirements for environmental protection, safety and health, debris containment, removal and disposal,
and the various obligations of Section 7, STANDARD SPECIFICATIONS. All equipment used shall be
approved by the PROJECT MANAGER or the ENGINEER. Equipment not named in this document may be
used given such approval.
5.3 SAFETY & HEALTH:
The Contractor shall provide all safety equipment and follow all procedures required under all DOT
standards and all current OSHA regulations, as is necessary to perform the tasks of this contract in a safe
and legally sound manner.
5.4 DISPOSAL OF DEBRIS:
The Contractor shall properly dispose of debris from the work site at locations provided by the Contractor, in
accordance with applicable Federal, State, County and local requirements. Disposal of hazardous to toxic
waste shall be according to 8 -4.9 of STANDARD SPECIFICATIONS and all other applicable specifications.
5.5 CONFINEMENT OF DEBRIS:
The Contractor shall prevent debris from entering all travel lanes where open to traffic, at all times, and from
entering any State property or any waterways, where harmful effects might result or where cleanup would
be impractical. Debris resulting from operations on painted surfaces shall be according to applicable
specifications.
5.6 LEAD BASED PAINTING:
THE CONTRACTOR SHALL CONFORM TO ALL FEDERAL, STATE AND LOCAL REGULATIONS AN
APPROPRIATE WHEN WORKING WITH EXISTING BRIDGE COMPONENTS COATED WITH LEAD
BASED PAINT. THE BIDDER MUST PROVIDE EVIDENCE TO THE COUNTY CONTRACT
ADMINISTRATOR WITH THE BID THAT THE CONTRACTOR OR SUBCONTRACTOR PERFORMING
PAINTING, REHABILITATION, OR DEMOLITION WORK ON BRIDGE COMPONENTS COATED WITH
LEAD BASED PAINT IS CURRENTLY QP2. CATEGORY AS CERTIFIED BY THE STEEL STRUCTURES
PAINTING COUNCIL.
5.7 RAILROAD PROPERTY:
No work shall be done on, over, or under a railroad, railroad property, or railroad right -of way, except with
written approval of the PROJECT MANAGER.
5.8 UTILITIES:
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The Contractor shall be responsible for locating all utilities and for avoiding any conflicts. The location of
existing utilities may be shown in the work documents, but the listing may not be complete and locations
may be approximate only. The utilities shall be identified and the exact locations shall be determined by the
Contractor and the utility owners during construction. Where the completion of the Work requires
adjustment, temporary or permanent removal, and /or relocation of an existing utility or other improvement
that is indicated, the Contractor shall remove and, without unnecessary delay, temporarily replace or
relocate such utility or improvement in a manner satisfactory to the PROJECT MANAGER and the owner of
the facility.
The Contractor is to use caution when working in or around areas of any utilities, including but not limited to
overhead transmission lines, underground utilities, and bridge- attached utilities. The appropriate Utility
Company shall be notified through SUNSHINE ONE -CALL (1- 800 - 4324770), by the Contractor 48 hours in
advance of any excavation involving their lines so that a Utility representative can be present.
5.9 PROTECTION AND RESTORATION OF SURVEY MONUMENTS:
The Contractor shall carefully protect from disturbance all survey monuments, stakes and benchmarks,
whether or not established by him, and he shall not remove or destroy any surveying point until it has been
properly witnessed. All major survey monuments such as section corners, one - quarter section corners,
property corners or block control points shall be protected, witnessed and replaced at the CONTRACTOR'S
expense with markers of a size and type approved by the COUNTY. The witnessing and replacement shall
be under the supervision of a Professional Land Surveyor registered in the State of Florida.
5.10 ENVIRONMENTAL:
Contractor will provide environmental permits when required. The Contractor shall perform his work in
accordance with the conditions of their permits. The Contractor shall perform his work according to all
applicable environmental specifications and requirements. For emphasis, Manatee provisions are included
in the foregoing.
5.11 QUALIFICATION:
The Contractor, with his Subcontractors, shall be qualified to perform all work of this contract. This
includes but is not limited to work for which Manufacturer's requirements, such as licensing,
training, supervision, etc., must be met as a precondition to use of a product.
5.12 ACCEPTANCE OF WORK ORDERS:
The Contractor shall be prepared to accept a Work Order for any of the work tasks of this contract,
to be performed with the Contractor's own forces or with participation of approved Subcontractors.
County will expect to confer with the Contractor to resolve perceived problems with any specific
Work Orders. No Work Order shall be in effect until it has been acknowledged in writing by the
Contractor. However, there will be no acceptable reason for declining a Work Order of this
Contract, or for delaying the resolution of any problems concerning a Work Order.
5.13 PERMITS AND INSPECTION FEES:
The Contractor shall secure and pay for any permits and inspection fees required by any other
governmental entity or agency.
5.14 WEATHER CONDITIONS:
The Contractor will be required to protect all Work and materials against damage or injury from the weather.
If, in the opinion of the PROJECT MANAGER, any Work or materials shall have been damaged or injured
by reason of failure to protect such, all such materials or Work shall be removed and replaced at the
expense of the Contractor.
5.15 CONTRACTOR'S HOLD HARMLESS AGREEMET;
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The Contractor shall indemnify and hold harmless the County, its officers and employees from liabilities,
damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed
or utilized by the Contractor in the performance of the bridge work.
It is specifically agreed between the parties executing this Contract that it is not intended by any of the
provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary
hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or
property damage pursuant to the terms or provisions of this Contract.
The Contractor guaranties the payment of all just claims for materials, supplies, tools, or labor and other just
claims against him or any subcontractor, in connection with the Contract. The County's final acceptance
and payment does not release the Contractor's bond until all such claims are paid or released.
6. SCHEDULES REPORTS AND RECORDS:
The Contractor shall submit to the County such schedule of quantities and costs, progress schedules,
payrolls, reports, estimates, records and other data as the County may request concerning Work performed
or to be performed. Prior to the first partial payment estimate, the Contractor shall submit schedules
showing the order in which he proposes to carry on the Work, including dates at which he will start the
various parts of the Work, estimated date of completion of each part, and, as applicable, the dates at which
special detail Drawings will be required, and respective dates for the submission of Shop Drawings, the
beginning of manufacture, the testing and the installation of materials, supplies and equipment.
7. GENERAL NOTES
The Contractor shall comply with the following Special Provisions:
It shall be the Contractor's responsibility to conform with all of the requirements of the Specifications as they
relate to cooperation with the utility owners and the utility locations that exist on the site. It shall be the
Contractor's responsibility to coordinate his work with any work performed by the utility owners or others in
any right -of -way. Arrange a schedule of operations that will allow for the completion of the project without
any undue delay. The Contractor will not be compensated for any delay or damage caused by the utility
facilities, obstruction, or any other item not being removed or relocated to clear construction in advance of
his work.
It shall be the Contractor's responsibility to protect all items related to the bridge structures & roadways. Any
damaged or broken items shall be replaced or repaired at the Contractor's expense when liable. Open
construction pits shall be backfilled and closed at the end of each working day. Exceptions shall be
permitted only by the approval of the Project Manager. Open pits and road cuts shall be covered utilizing
steel plates. The unit cost will be the total amount paid by the County. The rate bid will include all profit,
overhead, labor and fringes.
Contractor's field technician should be certified as Level I and Level II Technician by FDOT. The
technician's duties shall include ensuring that concrete testing, inspection and curing in the field is
performed in accordance with contract specifications and FDOT latest standards. The technician must be
present on the job site during all concrete placements. Contractor must submit qualifications of supervisory
personnel to the Engineer at the pre- construction conference.
8. DRAWINGS AND SPECIFICATIONS:
The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, materials, tools,
equipment, and transportation necessary for the proper execution of the Work in accordance, with the
Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner,
ready for use, occupancy or operation by the County. In case of conflict between the Drawings and
Specifications, the Specifications shall govern. Figure dimensions on Drawings shall govern over scale
dimensions, and detailed Drawings shall govern over general Drawings. If existing utilities or structures are
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indicated by the Contract Documents, no warranty is made as to the accuracy or completeness of such
indication.
Any discrepancies found between the Drawings and Specifications and site conditions or any
inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the Project
Manager, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done
by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at
the Contractor's risk. The Project Manager may furnish the Contractor additional instructions and detail
Drawings, as necessary to carry out the Work required by the Contract Documents. The Contractor shall
carry out the Work in accordance with detail Drawings and instructions.
Upon award of the contract, the Contractor will be supplied, free of charge, up to two complete sets of the
contract documents. Any prints and specifications in excess of these shall be furnished at Contractor's
expense. If any changes are made to the bridge structures and original drawings the Contractor shall
supply two sets of final drawings and specifications to the Project Manager for the County record.
9. CONTRACTOR'S SHOP DRAWINGS:
The approved Drawings will be supplemented by Shop Drawings as are needed to adequately control the
Work. It is mutually agreed that all authorized alterations affecting the requirements and information given
on the approved Drawings shall be in writing. Shop Drawings to be furnished by the Contractor for any
structure shall consist of such detailed Drawings as may be required for the prosecution of the Work. Shop
Drawings must be approved by the Project Manager before the Work in question is performed. Drawings for
false work, centering and formwork may also be required, and in such cases shall be likewise subjected to
approval unless approval be waived by the Project Manager. It is expressly understood, however, that
approval by the Project Manager of the Contractor's Shop Drawings does not relieve the Contractor of any
responsibility for accuracy of dimensions and details. It is mutually agreed that the Contractor shall be
responsible for agreement and conformity of his Shop Drawings with the approved Drawings and
Specifications.
It is the responsibility of the Contractor to check all Shop Drawings before same are submitted to the Project
Manager for approval. The Contractor's attention is directed to the fact that the Project Manager will not
check Shop Drawings, which have not previously been checked and approved by the Contractor. Shop
Drawings shall be submitted only by the Contractor who shall indicate by a signed stamp on the Drawings
that he has checked the Shop Drawings and that the Work shown on them is in accordance with contract
requirements and has been checked for dimensions and relationship with Work of all other trades involved.
Under no conditions shall Shop Drawings be submitted to the Project Manager by anyone other than the
Contractor.
The Contract Price shall include the cost of furnishing all Shop Drawings and the Contractor will be allowed
no extra compensation for such Drawings. The approval of such Shop Drawings by the Project Manager
shall not relieve the Contractor from the responsibility for deviations from Drawings or the Specifications
unless he has in writing called attention to such deviations, and the Contract Administrator approved the
changes or deviations in writing at the time of submission, nor shall it relieve him from the responsibility for
errors of any kind in Shop Drawings. When the Contractor does call such deviations to the attention of the
Project Manager, he shall state in his letter whether or not such deviations involve any extra cost. If this is
not mentioned, it will be assumed that no extra cost is involved for making the change.
The Contractor shall supply two sets of final shop drawings, specifications with all supporting documentation
to the Project Manager for County records.
10. CHANGES IN SCOPE OF WORK:
All changes, alterations or instructions in regard to any of the Work that differ from the Drawings and
Specifications must be approved in writing by Work Orders in all cases, and no verbal orders will be
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regarded as a basis for claims for extra Work. If the Contractor claims that any instruction by the Project
Manager or otherwise involve extra cost or an extension of time, he shall so notify the Project Manager at
the time of such instruction or immediately upon discovery of such or in any event before proceeding to
execute the Work. The Contractor shall give written notice to Project Manager within seven days after
finding the change in scope of work. The Contractor shall not execute such changes pending the approval
by the County. No claims for extra cost will be considered based on an escalation of material prices
throughout the period of the Contract.
After the Notice to Proceed has been issued to the contractor, field changes may become necessary at no
additional cost to the County. Any downtime or lost productivity due to field changes may be compensated
per contract hourly rates at the County Project Manager or designee's discretion.
11. INSPECTION OF WORK:
The Contractor shall, at all times, permit and facilitate inspection of the Work by authorized representatives
of the County, the Project Manager and Public Authorities having jurisdiction in connection with the Work of
this Contract. The presence or observations of the Project Manager or his representative at the site of the
Work shall not be construed to, in any manner, relieve the Contractor of this responsibility for strict
compliance with the provisions of the Contract Documents.
12. AUTHORITY AND DUTIES OF INSPECTORS:
Inspectors shall be authorized to inspect all Work done and all materials furnished, including preparation,
fabrication and manufacture of the materials to be used, but they shall not be authorized to alter or waive
any requirements of the Drawings, Specifications, or Contract. The Inspector may reject materials or
suspend the Work until any question at issue can be referred to and decided by the Project Manager. The
responsibility of the Contractor is not lessened by the presence of the Inspector.
13. REJECTION OF WORK AND MATERIALS:
All materials and equipment furnished and all Work done that is not in accordance with the Drawings or
Specifications or that is defective will be rejected. All rejected materials, equipment or Work shall be
removed immediately. If rejected materials, equipment or work is not removed within forty -eight (48) hours
from the date of notification the Project Manager shall have the right and authority to stop the Contractor
and his Work immediately, and /or shall have the right to arrange for the removal of said rejected materials,
equipment or Work at the cost and expense of the Contractor. All rejected materials, equipment or Work
shall be replaced with other material, equipment or Work which conforms with the Drawings and
Specifications at no additional cost to the County.
Inspection of the Work shall not relieve the Contractor of any of his obligations to fulfill his Contract and
defective Work shall be made good regardless of whether such work, material or equipment has been
previously inspected by the Project Manager and accepted or estimated for payment. The failure of the
Project Manager to condemn improper materials or workmanship shall not be considered as a waiver of any
defect which may be discovered later, or for Work actually defective. All Work, material and /or equipment
supplied by the Contractor shall be guaranteed against defects for a period of one year from date of project
acceptance as established by the County.
14. COUNTY'S RIGHT TO SUSPEND OR TERMINATE WORK:
If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of
his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files
a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or
if he repeatedly fails to supply sufficient skilled work people or suitable materials or equipment, payments to
Subcontractors or for labor, materials or equipment, or if he disregards laws, ordinances, rules, regulations
or orders of any public body having jurisdiction of the Work or if he disregards the authority of the Project
Manager, or if he otherwise violates any provision of the Contract Documents, then the County may, without
prejudice to any other right or remedy and after giving the Contractor and his surety a maximum of seven
14 -6212, Bridge Repairs and Maintenance
45
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(7) days from delivery of a Written Notice, declare the Contract in default and take possession of the Project
and of all materials, equipment, tools, construction equipment and machinery thereon owned by the
Contractor, and call upon the surety to finish the Work by whatever method deemed expedient.
Where Contractor's services have been so terminated by County, the termination will not affect any rights or
remedies of County against Contractor then existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by County will not release Contractor from liability. If the Contractor can
establish or it is otherwise determined that the Contractor was not in default or the failure to perform is
excusable, a termination for default will be considered to have been a termination for the convenience of the
County and the rights and obligations of the parties governed accordingly.
Upon seven (7) days written notice to Contractor, County may, for its own convenience and at its sole
option, without cause and without prejudice to any other right or remedy of County, elect to terminate the
Agreement. In such case, Contractor shall be paid as follows (without duplication of any items):
A. For completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
B. For expenses sustained in performing services and furnishing labor, materials or equipment
as required by the Contract Documents in connection with uncompleted Work;
C. For amounts paid in settlement of terminated contracts with Subcontractors and Suppliers;
D. Reasonable expenses directly attributable to termination including but not limited to fees and
charges of Project Manager, architects, attorneys and other professionals and court costs;
E. Contractor shall not be paid on account of anticipatory profits or overhead or consequential
damages.
F. County has the right to stop any work on a project in progress due to unforeseen
circumstances with a minimum of forty -eight (48) hours notice at no additional cost to the
County.
15. GUARANTEE AND CORRECTION OF WORK:
The Contractor shall guarantee all Work to have been accomplished in conformance with the Contract
Documents. Neither the final certificate of payment nor any provision of the Contract Documents, nor partial
or entire occupancy or use of the Work by the County, shall constitute an acceptance of any part of the
Work not done in accordance with the Contract Documents, or relieve the Contractor of liability for
incomplete or faulty materials or workmanship. The Contractor shall promptly remedy any omission or
defect in the Work, and pay for any damage to other improvements or facilities resulting from such omission
or defect which shall appear within a period of one year from the date of final acceptance, unless a longer
period is elsewhere specified. In the event that the Contractor should fail to make repairs, adjustments, or
other remedy that may be made necessary by such defects, the County may do so and charge the
Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the
guarantee period.
16. BRAND NAMES AND /OR EQUALS:
If a brand name, make, name of any manufacturer trade name, manufacturer catalog part number or vendor
name is mentioned, it is for the purpose of establishing the model, parts, or type of material. It does not
restrict the Contractor to the specific brand, make or manufacturer so name.
17. VENUE:
The law of the state of Florida shall govern the construction of this Contract. The Courts of Collier County,
Florida, shall have exclusive jurisdiction to try disputes arising under or by virtue of this Contract.
14 -6212, Bridge Repairs and Maintenance
46
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A G R E E M E N T 14-6212
for
Annual Contract for Bridge Repairs and Maintenance
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.,
authorized to do business in the State of Florida, whose business address is 3894 Mannix Drive,
Suite 216, Naples, Florida 34114 (hereinafter referred to as the "Contractor ").
WIT NESS ETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of
Board Award and terminating one (1) year from that date, or until such time as all outstanding
services ( "Work ") requested prior to the expiration of the Agreement period have been completed
or terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed two (2) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for bridge repairs and maintenance on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #14 -6212, including
Exhibit 1 -A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work will
be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor
for Owner pursuant to this Agreement during the term and any extension of the term of this
Agreement.
Although the primary user of this Contract is the Growth Management Division, any County
Division may use this contract provided sufficient funds are included in its budget. The process for
obtaining services under this Contract is as follows:
For Proiects estimated to be less than $50.000:
The Owner may select one of the awarded Contractor(s); quote out the Work among all awarded
Contractor(s); or competitively solicit for new quotes.
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For Projects estimated to be cheater than $50,000 and less Two Hundred Thousand _Dollars
M200,000): -
The Owner shall obtain written quotations from all the awarded Contractors; or competitively solicit
for new quotes. The Contractor(s) shall respond with a written quotation within three (3) working
days. The Owner will then issue an internal departmental Work Order and subsequently issue a
Notice to Proceed provided there has been a Purchase Order (or blanket purchase order)
established for the Work.
In each Request for Quotations, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; time and materials or lump sum;
and may negotiate favorable project terms and conditions.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County project
manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in
effect at the time such services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
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).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216
Naples, Florida 34114
Phone: 239 -435 -7200; Fax: 239 -435 -7202
Attn: Louis J. Gaudio, Vice President
Email: Igaudio(&aeusa.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
Procurement Services Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz
Director, Procurement Services
Phone: 239- 252 -8407
Fax: 239 -252 -6480
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The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non- performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $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.
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This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non -
Ownership.
C. Workers' Compensation: insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $500,000 for each accident.
D. Pollution: The coverage must include a minimum limit of $1,000,000 per occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph. This section does not pertain to
any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 10 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
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
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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.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as coordinating
its Work with all work of others at the Project Site, so that its Work or the work of others
shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be
solely responsible for all construction means, methods, techniques, sequences, and
procedures as well as coordination of all portions of the Work under the Contract
Documents, and the coordination of Owner's supplies and contractors.
B. 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.
15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon modification
of the Purchase Order or written order by Owner, and Owner shall not be liable to the
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Contractor for any increased compensation without such modification. No officer, employee
or agent of Owner is authorized to direct any extra or changed work orally. Any modifications
to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures
in effect at the time such modifications are authorized.
16. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
20. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
21. WARRANTY. Contractor expressly warrants that the goods, materials and /or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
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
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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.
22. 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.
23. 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.
24. 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.
25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
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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.
26. COMPLETION. 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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Division.
28. 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 #14 -6212,
Bridge Repairs and Maintenance, including Exhibit 1 -A, Scope of Work any addenda,
subsequent Purchase Orders, Quotations and Work Orders, made or issued pursuant to this
Agreement.
29. 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.
30. 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.
31, SALES TAX. Contractor shall pay all safes, 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.
32. 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.
33. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
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34. 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.
35. 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.
36. 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.
37. 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.
38, 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
Type /Print Witness Name
Second Witness
Type /Print Witness Name
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
Signature
Typed Signature
Title
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AG R E E M E N T 14-6212
for
Annual Contract for Bridge Repairs and Maintenance
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 Wright Construction Group, Inc.,
authorized to do business in the State of Florida, whose business address is 5811 Youngquist Road,
Fort Myers, Florida 33912 (hereinafter referred to as the "Contractor ").
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Date of
Board Award and terminating one (1) year from that date, or until such time as all outstanding
services ( "Work ") requested prior to the expiration of the Agreement period have been completed
or terminated. This contract shall have three (3) additional, one (1) year renewals, renewable
annually. The County Manager, or his designee, may, at his discretion, extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred eighty
(180) days. The County Manager, or his designee, shall give the Contractor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed two (2) firms to be
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for bridge repairs and maintenance on an as- needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #14 -6212, including
Exhibit 1 -A, Scope of Work, and the Contractor's proposal, which is incorporated by reference and
made an integral part of this Agreement.
The execution of this Agreement shall not be a commitment to the Contractor that any Work will
be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the
procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor
for Owner pursuant to this Agreement during the term and any extension of the term of this
Agreement.
Although the primary user of this Contract is the Growth Management Division, any County
Division may use this contract provided sufficient funds are included in its budget. The process for
obtaining services under this Contract is as follows:
For Projects estimated to be less than $50,000:
The Owner may select one of the awarded Contractor(s); quote out the Work among all awarded
Contractor(s); or competitively solicit for new quotes.
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For Projects estimated to be -greater than $50,000 and less Two Hundred Thousand Dollars
($200,000):
The Owner shall obtain written quotations from all the awarded Contractors; or competitively solicit
for new quotes. The Contractor(s) shall respond with a written quotation within three (3) working
days. The Owner will then issue an internal departmental Work Order and subsequently issue a
Notice to Proceed provided there has been a Purchase Order (or blanket purchase order)
established for the Work.
In each Request for Quotations, the Owner reserves the right to specify: the period of completion;
collection of liquidated damages in the event of late completion; time and materials or lump sum;
and may negotiate favorable project terms and conditions.
This Agreement contains the entire understanding between the parties and any modifications to
this Agreement shall be mutually agreed upon in writing by the Contractor and the County project
manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in
effect at the time such services are authorized.
3. THE CONTRACT SUM. The Owner shall pay the Contractor for the performance of the Work
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).
4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, ail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Wright Construction Group, Inc.
5811 Youngquist Road
Fort Myers, Florida 33912
Phone: 239 -481 -5000; Fax: 239 -481 -2448
Attn: G. Andy Powell, Executive Vice President
Email: andyp@wrightg.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
Procurement Services 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.
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5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay
for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and
other similar taxes associated with the Work or portions thereof, which are applicable during the
performance of the Work.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non - performance.
9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $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.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $500,000 for each accident.
D. Pollution: The coverage must include a minimum limit of $1,000,000 per occurrence.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification
to the County in the event of cancellation or modification of any stipulated insurance
coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees
and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the
performance of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may be available to
an indemnified party or person described in this paragraph. This section does not pertain to
any incident arising from the sole negligence of Collier County.
11.1 The duty to defend under this Article 11 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 10 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the County or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
12. PAYMENTS WITHHELD. Owner may decline to approve any invoice, or portions thereof,
because of defective or incomplete work, subsequently discovered evidence or subsequent
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
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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.
13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from
specifications shall be approved in writing by Owner in advance.
14. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and
Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by its subcontractors and materialmen, as well as coordinating
its Work with all work of others at the Project Site, so that its Work or the work of others
shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be
solely responsible for all construction means, methods, techniques, sequences, and
procedures as well as coordination of all portions of the Work under the Contract
Documents, and the coordination of Owner's supplies and contractors.
B. 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.
15. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly
set forth herein, no addition or changes to the Work shall be made except upon modification
of the Purchase Order or written order by Owner, and Owner shall not be liable to the
Contractor for any increased compensation without such modification. No officer, employee
or agent of Owner is authorized to direct any extra or changed work orally. Any modifications
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to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures
in effect at the time such modifications are authorized.
16. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to this
contract in accordance with the Purchasing Ordinance and Purchasing Procedures.
17, COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)),
ordinances). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
20, ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's
Proposal, and /or the County's Board approved Executive Summary, the Contract Documents
shall take precedence.
21. WARRANTY. Contractor expressly warrants that the goods, materials and /or equipment
covered by this Agreement will conform to the requirements as specified, and will be of
satisfactory material and quality production, free from defects, and sufficient for the purpose
intended. Goods shall be delivered free from any security interest or other lien, encumbrance
or claim of any third party. Any services provided under this Agreement shall be provided in
accordance with generally accepted professional standards for the particular service. These
warranties shall survive inspection, acceptance, passage of title and payment by the County.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
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
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replacement or repair. These warranties are in addition to those implied warranties to which
Owner is entitled as a matter of law.
22. 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.
23. 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.
24. 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.
25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a written Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty -eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
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26. COMPLETION. 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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Division.
28. 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 #14 -6212,
Bridge Repairs and Maintenance, including Exhibit 1 -A, Scope of Work any addenda,
subsequent Purchase Orders, Quotations and Work Orders, made or issued pursuant to this
Agreement.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
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solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
35. 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.
36. 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.
37. 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.
38. 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
C-
Dated :
(Seal)
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
Approved as to Form and Legality:
M9
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
Wright Construction Group, Inc.
Contractor
By:
Signature
Typed Signature
Title
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