Agenda 06/11/2013 Item #11C6/11/2013 11.C.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) 12 -5974R for Concrete; Road, Sidewalk
Curb and Floor Installation and Repairs to BQ Concrete, LLC as the primary vendor and
Bonness Inc. as the secondary vendor, and authorize the Chairwoman to sign the attached
agreements.
OBJECTIVE: To provide for the installation and repair of concrete, roads, sidewalks, curbs,
floors and related services for all County Departments on an as needed basis.
CONSIDERATIONS: Notices of the solicitation were sent to 571 firms, and 49 companies
requested bid packages, 4 submitted bids by the deadline of April 29th, 2013. After review, BQ
Concrete, LLC is the lowest bidder, and Bonness, Inc. is the second lowest bidder. Staff is
recommending that ITB 12 -5974R be awarded to BQ Concrete, LLC as the primary vendor, and
Bonness, Inc. as the secondary vendor; with services to be issued on a County purchase order on
an as needed basis. The Secondary vendor will be utilized in the event that the Primary vendor is
unable to provide the service or comply with the time requirements.
Staff requests that the Board waives the minor irregularity (per Purchasing Policy VI. E.)
regarding the contract term in the solicitation document, and award per the term as described in
the contract for one (1) two year term, with the option to renew two (2) additional one (1) year
periods. Operating departments will issue Collier County's standard purchase order to
commence work with the vendor.
FISCAL IMPACT: Funds for these services shall come from each individual department's
budget as projects are identified and historical annual spend on these services is $1,400,000.
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth
Management Plan, it is consistent with the goals of the County to streamline and expedite the
procurement of services.
LEGAL CONSIDERATIONS: This item has been reviewed as to form and legality, and
requires majority vote for Board approval. —SRT
RECOMMENDATION: That the Board of County Commissioners awards ITB # 12 -5974R
"Concrete; Road, Sidewalk, Curb and Floor Install and Repairs" contract to BQ Concrete, LLC,
as the primary vendor, and Bonness Inc., as the secondary vendor, and authorizes the
Chairwoman to sign the attached Agreements.
Prepared by: Alexander Blanco, Inspector, Road and Bridge Maintenance
Attachments: 1) BQ Concrete LLC, Primary Agreement;
2) Bonness Inc, Secondary Agreement;
3) ITB #12 -5974R - Bid Tabulation;
4) ITB 12 -5974R Concrete; Road, Sidewalk, Curb and Floor Install and Repairs.
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5) ITB 12 -5974R Attachment 8: Bid Schedule
6) All submitted proposals are available in the Growth Management office
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.C.
6/11/2013 11.C.
Item Summary: Recommendation to award Invitation to Bid (ITB) 12 -5974R for Concrete;
Road, Sidewalk Curb and Floor Installation and Repairs to BQ Concrete, LLC as the primary
vendor and Bonness Inc. as the secondary vendor, and authorize the Chairwoman to sign the
attached agreements.
Meeting Date: 6/11/2013
Prepared By
Name: LynchDiane
Title: Administrative Assistant
5/9/2013 10:57:11 AM
Approved By
Name: GossardTravis
Title: Superintedent - Roads & Bridges,Transportation Eng
Date: 5/22/2013 3:38:37 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 5/22/2013 4:26:04 PM
Name: BlancoAlexander
Title: Inspector,Transportation Engineering & Constructio
Date: 5/22/2013 4:47:45 PM
Name: ShueGene
Date: 5/22/2013 6:28:27 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 5/23/2013 9:08:07 AM
Name: NauthRookmin
Title: Management/Budget Analyst,Transportation Administr
Date: 5/23/2013 9:19:31 AM
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Name: LynchDiane
Title: Administrative Assistant
Date: 5/23/2013 10:11:38 AM
Name: V1ietJohn
Title: Director - Road Maintenance,Transportation Enginee
Date: 5/23/2013 10:25:38 AM
Name: NorthrupAdam
Title: Procurement Strategist, Purchasing
Date: 5/23/2013 10:42:27 AM
Name: NorthrupAdam
Title: Procurement Strategist, Purchasing
Date: 5/23/2013 10:42:51 AM
Name: KearnsAllison
Date: 5/23/2013 10:57:38 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 5/23/2013 10:59:49 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/24/2013 8:29:23 AM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
Date: 5/24/2013 4:27:23 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 5/28/2013 9:49:38 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2013 8:37:13 AM
Name: OchsLeo
Title: County Manager
Date: 5/30/2013 3:40:54 PM
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6/11/2013 11. C.
6/11/2013 11.C.
A G R E E M E N T 12-5974R
for
Concrete: Road Sidewalk Curb and Floor Install and Repairs
THIS AGREEMENT is made and entered into this day of , 2013, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner ") and BQ Concrete, LLC as the
Primary Contractor, authorized to do business in the State of Florida, whose business address is
6017 Pine Ridge Rd. #329, Naples, FL 34119 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT: The contract shall be for one (1) two (2) year period, commencing on
award of the contract, and terminating two (2) years from date of award, or until such time as
all outstanding work requested prior to the expiration of the Agreement period have been
completed. This contract shall have two (2) additional (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
pre - qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope
of Work, hereby attached and incorporated by reference. Each awardee will provide complete
services for Concrete: Road Sidewalk, Curb and Floor Install and Repair on an as- needed
basis as may be required by the Owner in accordance with the terms and conditions of ITB
#12 -5974R and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement. The execution of this Agreement shall not be a commitment to
the Contractor that any work will be awarded to the Contractor. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next paragraphs
and all Work undertaken by Contractor for Owner pursuant to this Agreement and that
procedure during the term and any extension of the term of this Agreement.
Any County Department may use this contract provided sufficient funds are included in its
budget. Prior to the start of each individual job, the user department shall provide a description
of work to be performed, to the Primary Contractor. The Primary Contractor shall have five (5)
business days to respond that they are willing and able to complete the job in the required time
frame. The user department will then issue a Purchase Order for the work.
If the Primary Contractor cannot provide the requested services within the timeframe specified
by the user department, then the Secondary Contractor will then be contacted. The user
department will then issue a Purchase Order for the work.
In each Purchase Order, the user department reserves the right to specify the period of
completion.
3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB #12- 5974R, attached
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herein as Exhibit B and incorporated by reference, and /or subsequent quotes. The Contract
will be Purchase Order driven.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
BQ Concrete, LLC
6017 Pine Ridge Rd. #329
Naples FL 34119
Attention: Buddy Quarles, President
Phone: 239 - 262 -7320
Fax: 239 - 354 -4458
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz,
Interim Purchasing /General Services Director
Phone: 239 - 252 -8371
Fax: 239 - 252 -6584
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. 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
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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.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
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
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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,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the Owner or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
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) reasonable indication that the Work will not be completed within the specified
time; (c) unsatisfactory prosecution of the Work by the Contractor; or (d) 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.
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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 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.
A modification to the Purchase Order shall be issued and executed promptly after an
agreement is reached between Contractor and Owner concerning the requested changes.
Contractor shall promptly perform changes authorized by duly modified Purchase Orders.
16. 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). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
17. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
20. 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.
21. 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.
22. 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.
23. 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 Purchase Order have been caused thereby.
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If the Owner determines that a change in the Purchase Order is required because of the action
taken in response to an emergency, a modification to the Purchase 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 Purchase Order or an extension to the specified Time for completion.
24. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the
County by the Road and Bridge Maintenance Department.
25. 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, ITB No. 12- 5974R, any
addenda, any Quotation or Purchase Order made or issued pursuant to this Agreement, and
any related plans or specifications for any such Quotations or Purchase Orders.
25. 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, 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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
33. 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.
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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:
Date:
Approved as to form and
Legality:
Assistant County Attorney
'OKTPI: 40
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
CONTRACTOR:
BQ Concrete, LLC
By:
First Witness Signature
Type /Print Witness Name Typed Signature
Second Witness Title
Type /Print Witness Name
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Exhibit A
Scope of Work
Portland Cement Concrete — Class 1
6/11/2013 11.C.
Intent of Contract: The intent of the Contract is to provide for the construction and completion in
every detail of the work described in the Contract. Contractor is responsible to furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work in accordance
with the Contract Documents.
Prices quoted in this Contract shall include all man hours, materials, equipment, full restoration and
Maintenance of Traffic (MOT) unless otherwise noted. Full restoration is defined as bringing the
disturbed area back to original or better conditions. Areas that are disturbed due to Contractor staging
area will be restored by Contractor at no additional cost to the Department.
Work not covered by Standard Specifications: Proposed construction and any contractual
requirements not covered by these Standard Specifications may be covered by plan notes or by
Supplemental Specifications or Special Provisions for the Contract, and all requirements of such
Supplemental Specifications or Special Provisions shall be considered as a part of these
Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522
Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete ". Contractor will use concrete composed of a mixture of Portland
cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials.
Deliver concrete to the placement site in a freshly mixed, unhardened state.
All sidewalk slabs shall have a minimum of six (6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from
detrimental matter. Meet the following requirements of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013 or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting:
(a) Portland Cement ................. ...............................
(b) Fine Aggregate ................... ...............................
(c) Coarse Aggregate ............... ...............................
(d) Water .................................. ...............................
(e) Chemical Admixtures .......... ...............................
(f) Pozzolans and Slag ............. ...............................
Section 921
Section 902
Section 901
Section 923
Section 924
Section 929
Materials
Meet the requirements specified in section 520 -2 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013 or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting.
Forms
Provide forms as specified in section 520 -3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition, approved by Project
Manager, and revisions thereto current at the time of contract letting.
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Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more than six
(6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to
be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the
sidewalk when right -of -way allows. Contractor is responsible for any limerock base /fill material that
may be required under sidewalk to be removed and /or added, to keep consistent with the existing
sidewalk elevation(s) at no additional cost to the using Department; all cost should be included with
the unit price of pay item being used.
Expansion Joints
Form '/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-
1.1 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction and Florida Department of Transportation Design Standard 2013 or most current edition,
approved by Project Manager, and revisions thereto current at the time of contract letting. Construct
expansion joints at all inlets, at all radius points, and at other locations indicated on plans or by
Project Manager and /or designee. Contractor is responsible to insure that the entire depth of
expansion joint is equal to the depth of the concrete segment being replaced. Contractor is
responsible for any expansion joint material that may be required in between sidewalks to be
removed and /or added, to the existing sidewalk elevation(s) at no additional cost to the using
Department; all cost should be included with the unit price of pay item being used.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open -Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete
on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint,
remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having '/2
inch radius.
Sawed Joints
IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 'h
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
3/16 inch Saw cut joints, 1' /z inch deep at not more than 30 feet intervals within (12 hours) after
finishing.
3/16 inch Saw cut joints, 1'/z inch deep within (96 hours) after finishing, maximum 5 foot
centers.
Placing Concrete
Place the concrete as specified in section 520 -5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike -off the concrete by means of a wood or metal screed, used perpendicular to the
forms, to obtain the required grade and remove surplus water and laitance.
Surface Requirements
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Provide the concrete with a broom finish. Ensure that the surface variations are not more than % inch
under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of
the sidewalk with an edging tool having a radius of V2 inch. Apply a tine finish by an approved hand
method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse
grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately
% inch center to center.
Curing
Cure the concrete as specified in section 520 -8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Admixture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally
approved mix design. Use originally approved mix components and proportions, when unsatisfactory
test results are obtained from the use of the substituted material(s).
PRODUCTION, MIXING AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready -Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved
plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a
manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the
concrete production facility determines the free moisture for the coarse and fine aggregates. On
concrete placements expected to exceed three hours, perform an additional moisture test
approximately half way through the batching operations and adjust batch Proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production facilities meets the
requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters
and other weighing or measuring devices are checked for accuracy by a qualified representative of a
scale company registered with the Bureau of Weights and Measures of the Florida Department of
Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture
supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the
concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed
the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or
container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to
the mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to
be exceeded.
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CONTROL OF QUALITY
Concrete Mix Design
The mandatory use of concrete mix is 3000 PSI with Fiber mesh meeting the FDOT Construction
Standard specification 2013 or most current. All other concrete mixes/ blends need to follow the
FDOT construction standard specification requirement and have prior approval of the Supervisor of
Road Maintenance Contracts and Projects. Before producing any concrete, submit the proposed mix
design to the Supervisor of Road Maintenance Contracts and Projects on a form with all
specifications. Use only concrete mix designs meeting the following requirements and having prior
approval of the Supervisor of Road Maintenance Contracts and Projects. Maximum water to
cementitious materials ratio 0.55 Ibs /Ibs [0.55 kg /kg] Minimum 28 -Day Compressive Strength 3000
psi [17 MPa] Minimum cementitious Materials Content 470 Ibs /yd3 [280 kg /m3] Slump 0 to 6 inch [0
to 150 mm] Materials may be adjusted provided that the theoretical yield requirement of the approved
Mix design is met. Show all required original approved design mix data and batch adjustments and
substituted material on the Department concrete delivery ticket. The Supervisor of Road Maintenance
Contracts and Projects may disqualify any concrete production facility for non - compliance with
Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The
concrete producer may use an alternate form provided that it contains the required information.
Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher
responsible for production of the concrete, certifying that the batch was produced in accordance with
specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the
maximum specified water to cementitious materials ratio was not exceeded due to any jobsite
adjustments to the batch, and that the batch was delivered and placed in accordance with
specification requirements. Concrete acceptance by the Department will be by Certification on the
Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road
Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of
concrete that do not meet specification requirements, or exceeds the allowable slump or water to
cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet
the 28 -day compressive strength requirements. At the sole option of the Department, the Supervisor
of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is
determined that the concrete may not serve its intended function.
Placing Concrete
Place the concrete as specified in section 520 -5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting.
CONCRETE GUTTER, CURB ELEMENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction 2013, and revisions thereto
current at the time of contract letting.
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Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction
2013, and revisions thereto current at the time of contract letting.
Joint Materials
Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting.
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp
or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without
deviation from line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of
Road Maintenance Contracts and Projects provided that the Contractor consistently produces an
acceptable finished product, true to line, grade, and cross section.
-Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120 -9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting. Contractor is responsible for any limerock base /fill material that may be required to be
removed and /or added, for example roots, rock, dirt, ect. to keep consistent with the existing
elevation(s) at no additional cost to the using Department; all cost should be included with the unit
price of pay item being used. This applies only for the removal and replacement of existing sidewalks.
Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either
formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they
are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete.
Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them
while the forms are still in place. Saw contraction joints, for machine placed items, unless the
Supervisor of Road Maintenance Contracts and Projects approves an alternate method. Saw the
joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and
before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet
except where closure requires a lesser interval, but do not allow any section to be less than four (4)
feet in length.
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Finishing — Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects
with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of
Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove
and replace any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road
Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are
too rough or where other surface defects make additional finishing necessary, the Supervisor of Road
Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface
with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface,
the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub
further, using thin grout or mortar.
Curing — General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing
after completely finishing and as soon as the concrete has hardened sufficiently to permit application
of the curing material without marring the surface. Immediately replace any curing material removed
or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces
exposed by placing a berm of moist earth against them or by any of the methods described below, for
the remainder of the seventy two (72) hour curing period.
Wet Burlap Method
Place burlap, as specified .in section 925 -1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond
each side to ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the
burlap securely in place such that it will be in continuous contact with the concrete at all times, and do
not allow any earth between the burlap surfaces at laps or between the burlap and the concrete.
Saturate the burlap with water before placing it, and keep it thoroughly wet throughout the curing
period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section
925 -2 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction 2013, and revisions thereto current at the time of contract letting, by a hand sprayer
meeting the requirements of section 350 -3.10 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting, in a single coat continuous film at a uniform coverage of at least two hundred (200)
square feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the
coating. Thoroughly agitate the curing compound in the drum prior to application, and during
application as necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925 -3 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction 2013, and revisions thereto
current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient
extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six
(6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all
times.
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Backfilling and Compaction
After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces
in front and back of the curb to required elevation with suitable material (Contractor is responsible for
any limerock base /fill material that may be required to be removed and /or added, to keep consistent
with the existing elevation(s) at no additional cost to the using Department; all cost should be included
with the unit price of pay item being used). Place and thoroughly compact the material in layers not
thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the
centerline of the roadway and while the concrete is still plastic. Perform straight edging along the
edge of the gutter adjacent to the pavement or along other lines on the gutter cross - section, as
directed by the Supervisor of Road Maintenance Contracts and Projects. Immediately correct
irregularities in excess of % inch.
Quality & Final Cleaning Up of Right -of -Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Upon completion of the work, and before the Department accepts the work and
makes final payment, remove from the right -of -way and adjacent property all falsework, equipment,
surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner
all property, both public and private, that has been damaged during the prosecution of the work; and
leave the waterways unobstructed and the roadway in a neat and presentable condition throughout
the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or
equipment, on abutting property, with or without the consent of the property owners. All restoration
shall be done within 24 hours after curing is complete and any final inspection. Areas determined to
be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects, shall be removed
and replaced at no additional cost to the Department. Repairs shall be completed prior to submission
of the Contractor's invoice for work accomplished during the cycle. However, the Director of Road
Maintenance's judgment when evaluating completed work shall be final.
Asphalt sidewalk: This consists of Placing Asphalt Surface on OTHER than Roadways (i.e., bike
paths, parking lots, alleyways, paved ditches, etc) Contractor shall list on the bid form the price for
laying asphalt in place, in conformity with the Florida Department of Transportation (FDOT) Standard
Specifications for Road and Bridges Construction and the requirements of the Project Manager for
each particular job. Unit price shall be by ton on resurfacing sidewalk projects and open cut repairs.
Asphalt sidewalk overlay shall include grading back pavement edge, sweeping the surface, providing
the asphalt hot mix, laying the asphalt in place, and rolling the asphalt surface with both a steel wheel
compactor and a rubber- tire roller. All joints must be keyed in. Unit price shall include labor,
equipment, and materials for varying sizes of jobs. Small Jobs Up to 200 Tons.
Contractor is responsible for any limerock base /fill material that may be required to be removed
and /or added, to keep consistent with the existing elevation(s) at no additional cost to the using
Department; all cost should be included with the unit price of pay item being used.
Concrete Grinding
All Grinding shall be as specified in section 352 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition. All concrete areas that
have a misalignment less than or equal to 1.5 inches without any existing cracks on the concrete
pavement slab and /or segment will be ground out to instead of slab replacement. Sidewalks can only
be ground down to a maximum depth of 25% off of the existing thickness.
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Alternate Concrete Grinding Methods
Any alternate concrete grinding done by hand or FDOT approved methods will have to be approved
by the Superintendent of Road Maintenance. The contractors shall provide a summary of how work is
to be performed and the opportunity to submit a formal proposal for the alternate grinding method.
The lowest submitted proposal will be awarded subsequent to the county approval process. The
method of payment shall be in square feet.
LIMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require
the Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to
ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely
and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place
materials stored along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTOR'S SUPERVISION:
Prosecution of Work: Project will not start until a Notice to Proceed and/or Purchase Order is
provided to the awarded Contractor. Give the work the constant attention necessary to ensure the
scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and
Projects and with other contractors at work in the vicinity.
Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and /or
his appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while
work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent
superintendent capable of properly interpreting the Contract Documents and is thoroughly
experienced in the type of work being performed. Provide a superintendent with the full authority to
receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent
who speaks and understands English, and maintain at least one other responsible person who
speaks and understands English, on the project during all working hours.
Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has
at least one year of experience directly related to worksite traffic control in a supervisory or
responsible capacity and is certified by the American Traffic Safety Services Association Worksite
Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate
Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available
on a twenty four (24) hour per day basis, and who reviews the project on a day -to -day basis and
participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all
equipment and materials needed to maintain traffic control and handle traffic related situations.
Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow
minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty
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four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the
traffic control plan and any changes to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone
traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance
Contracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply
with the provisions of this Sub article.
ALTERATION OF PLANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at
any time prior to or during the progress of the work, such increases or decreases in quantities,
whether a significant change or not, and such alterations in the details of construction, whether a
substantial change or not, including but not limited to alterations in the grade or alignment of the road
or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance
Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of
Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract. In the instance above, the determination by the
Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to
challenge by the Contractor in any forum, except upon the Contractor establishing by clear and
convincing proof that the determination by the Supervisor of Road Maintenance Contracts and
Projects was without any reasonable and good -faith basis.
Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to
the satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of
Road Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of
whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution,
and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done,
and materials furnished, under or by reason of the Contract. The Director of Road Maintenance will
have the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants:
The Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and
representatives, as he desires. These assistants and representatives are authorized to inspect all
work done and all materials furnished. Such inspection may extend to all or any part of the work and
to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and
representatives are not authorized to revoke, alter, or waive any requirement of these Specifications.
Rather, they are authorized to call to the attention of the Contractor any failure of the work or
materials to meet the Contract Documents, and have the authority to reject materials or suspend the
work until any questions at issue can be referred to and decided by the Supervisor of Road
Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects
will immediately notify the Contractor in writing of any such suspension of the work, stating in detail
the reasons for the suspension. The presence of the inspector or other assistant in no way lessens
the responsibility of the Contractor. The Director of Road Maintenance will have the final authority.
DEFAULT AND TERMINATION OF PURCHASE ORDER:
Determination of Default: For any Purchase Order issued under this Contract, the Supervisor of
Road Maintenance Contracts and Projects will give notice, in writing, to the Contractor for any delay,
neglect, or default, if the Contractor:
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(a) Fails to begin the work within the time specified in the Notice to Proceed;
(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the project;
(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew
such work that the Supervisor of Road Maintenance Contracts and Projects rejects as
unacceptable and unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the
Contractor to do so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road
Maintenance Contracts and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described
above, fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road
Maintenance Contracts and Projects will have full power and authority, without violating the Contract,
to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in
default. In the event the Contractor fails to perform any required service within the time schedule
under the contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any
delays or as a result of an Act of Nature.
The Director of Road Maintenance will have the final authority. In the event that the Supervisor
of Road Maintenance Contracts and Projects or his designee, finds the Contractor in default,
Contractor's recovery against the County shall be limited to that portion of the Purchase Order
Amount earned through the date of termination. The Contractor shall not be entitled to any other or
further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his
assistant will measure all work completed under the Contract in accordance with the United States
Standard Measures [International System of Units (SI) Measures].
Payments
Items included in Payment: The Contractor will accept the compensation as provided in each
Purchase Order as full payment for furnishing all materials and for performing all work contemplated
and embraced under the Purchase Order; also for all loss or damage arising out of the nature of the
work or from the action of the elements, or from any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the work until its final acceptance; also for all other
costs incurred under the provisions of the Florida Department of Transportation, Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
For any item of work contained in the quotation, except as might be specifically provided otherwise in
the basis of payment clause for the item, the Contractor will include in the quotation unit price (or
lump sum price) for the pay item or items the cost of all labor, equipment, materials, tools and
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incidentals required for the complete item of work, including all requirements of the Section specifying
such item of work, except as specifically excluded from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or
material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity
of any part of the completed work prior to final acceptance, then the Department will not allow
payment for such defective or questioned work until the Contractor has remedied the defect and
removed any causes of doubt.
Control of Work
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road Maintenance
Contracts and Projects, shall be removed and replaced at no additional cost to the Department.
Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement or structures,
mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of
the Supervisor of Road Maintenance Contracts and Projects at no additional cost to the Department.
Repairs shall be completed prior to submission of the Contractor's invoice for work accomplished.
Basis of Payment
Payment shall be full compensation for furnishing all equipment, materials, labor, disposal, and
incidentals necessary to complete all specified operations.
Beginning Work: The Contactor shall Notify the Supervisor of Road Maintenance Contracts and
Projects not less than five (5) days in advance of the planned start day of work. Upon the receipt of
such notice, the Supervisor of Road Maintenance Contracts and Projects may give the Contractor
Notice to Proceed and may designate the point or points to start the work. In the Notice to Proceed,
the Supervisor of Road Maintenance Contracts and Projects may waive the five (5) day advance
notice and authorize the Contractor to begin immediately. The Contractor shall notify the Supervisor
of Road Maintenance Contracts and Projects in writing at least two (2) days in advance of the starting
date of important features of the work. Unless there is an emergency situation, the Contractor will not
commence work until after the Supervisor of Road Maintenance Contracts and Projects has issued
the Purchase Order and Notice to Proceed.
Compliance with Time Requirements: The Contractor shall commence work in accordance with the
approved working schedule and provide sufficient labor, materials and equipment to complete the
work within the time limit(s) set forth in the quotation. All sidewalk deficiency issued to the Contractor
shall have thirty (30) days to complete the work, from the date of the NTP or sooner if possible.
Should the Contractor fail to furnish sufficient and suitable equipment, forces, and materials, as
necessary to prosecute the work in accordance with the required schedule, the Supervisor of Road
Maintenance Contracts and Projects may withhold award of all quotations that are, or may become
due, or suspend the work until the Contractor corrects such deficiencies, or, at his sole discretion,
may award the work to the Secondary Contractor. A deduction of ten percent (10 %) will be deducted
from invoices for non - compliance with the NTP time frames.
Pre - construction Conference: If applicable to a specific project, before the Contractor begins work;
the Supervisor of Road Maintenance Contracts and Projects will call a pre- construction conference at
a place the Supervisor of Road Maintenance Contracts and Projects designates to go over the
construction aspects of the project. The Contractor will attend this meeting, along with the
Department and the various utility companies that may be involved with the repair. This meeting will
be mandatory.
Page -20-
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Packet Page -400-
6/11/2013 11.C.
Exhibit B
Payments
Payments will be made to the Contractor based on the pricing identified in this Exhibit B. The
following terms shall apply:
* Line Items #1 - 52, Contractor shall include all materials costs, all equipment costs, all man hour
costs, all excavation, all tree root removal, full restoration and MOT in the item price
# Line items #54 - 80, (Miscellaneous Concrete Work) all materials costs, all man hours, all
Equipment hours listed, will need to be added when this item is utilized. All MOT cost will be included
in miscellaneous concrete square yard price.
* * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Page -21- O
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6/11/2013 11.C.
� *
i
1
Curb and Gutter Items
E.
111111R'4115- MR,
Concrete Curb & Gutter Removal & Disposal TYPE E Less than or equal to 150 Linear Foot)*
Lirkear Ft
$ 8.00
2
Curb and Gutter Items
Concrete Curb & Gutter Install TYPE E Less than or equal to 150 Linear Foot •
Linear Ft
$ 12.00
3
Curb and Gutter Items
Concrete Curb & Gutter Removal & Doosal PEE Greater than or equals to 151 Linear Foot •
Linear Ft
$ 6.00
4
Curb and Gutter Items
Concrete Curb & Gutter Install PEE Greater than or equals to 151 Linear Foot •
Linear Ft
$ 12.00
5
Curb and Gutter Items
Concrete Curb & Gutter Removal & Disposal CrYPE F Less than or equal to 150 Linear Foot •
Linear Ft
$ 6.00
6
Curb and Gutter Items
Concrete Curb & Gutter Install TYPE Less than or actual to 150 Linear Foot)*
Linear Ft
$ 12.00
7
Curb and Gutter Items
Concrete Curb & Gutter Removal & Disposal PE F Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 6.00
8
Curb and Gutter Items
Concrete Curb & Gutter Install PE F Greater than or equals to 151 Linear Foot •
Linear Ft
$ 12.00
9
Curb and Gutter Items
Concrete Curb & Gutter Removal & Disposal S - for any odd t
Linear Ft
$ 6.00
10
Curb and Gutter Items
Concrete Curb & Gutter Instal (Special - for any odd
Unear Ft
$ 12.00
11
Curb and Gutter Items
Concrete Curb TYPE A Removal & Disposal Less than or equal to 150 Linear Foot •
Linear Ft
$ 8.00
12
Curb and Gutter Items
Concrete Curb TYPE A Install Less than or equal to 150 Linear Foot •
Linear Ft
$ 12.00
13
Curb and Gutter Items
Concrete Curb TYPE A Removal & Disposal Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 6.00
14
Curb and Gutter Items
Concrete Curb PEA Instal Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 12.00
15
Curb and Gutter Items
Concrete Curb TYPE B Removal & Disposal Less than or equal to 150 Linear Foot)*
Linear Ft
$ 6.00
16
Curb and Gutter Items
Concrete Curb TYPE B Instal Less than or equal to 150 Linear Foot •
Linear Ft
$ 12.00
17
Curb and Gutter Items
Concrete Curb TYPE B Removal & Disposal Greater than or equals to 151 Linear Foot •
Linear Ft
$ 6.00
18
Curb and Gutter Items
Concrete Curb TYPE B Install Greater than or equals to 151 Linear Foot)'
Linear Ft
$ 12.00
19
Curb and Gutter Items
Concrete Curb TYPED Removal & Disposal Less than or equal to 150 Linear Foot •
Linear Ft
$ 6.00
20
Curb and Gutter Items
Concrete Curb TYPED Install Less than or equal to 150 Linear Foot)*
Linear Ft
$ 12.00
21
Curb and Gutter Items
Concrete Curb TYPED Removal & Disposal Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 6.00
22
Curb and Gutter Items
Concrete Curb TYPED Install Greater then or equals to 151 Linear Foot •
Linear Ft
$ 12.00
23
Curb and Gutter Items
Concrete Curb Removal & Disposal (Special - for any odd t
Linear Ft
$ 6.00
24
Curb and Gutter Items
Concrete Curb Install (Special - for arry odd type)*
Linear Ft
$ 12.00
25
Curb and Gutter Items
Concrete Valley Gutter Removal & Disposal Less then or equal to 150 Linear Foot)*
Linear Ft
$ 6.00
26
Curb and Gutter Items
Concrete Valley Gutter Install Less than or equal to 150 Linear Foot)*
Linear Ft
$ 12.00
27
Curb and Gutter Items
Concrete Valley Gutter Removal & Disposal Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 6.00
28
Curb and Gutter Items
Concrete Valley Gutter Install Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 12.00
29
Curb and Gutter Items
Concrete Gutter Removal & Disposal (S pedal - for any odd t
Linear Ft
$ 6.00
30
Curb and Gutter Items
Concrete Gutter Install (Special - for arTy odd t
Linear Ft
$ 12.00
31
Curb and Gutter Items
Concrete Shoulder Gutter Removal & Disposal Less than or equal to 150 Linear Foot •
Linear Ft
$ 6.00
32
Curb and Gutter Items
Concrete Shoulder Gutter Install Less than or equal to 150 Linear Foot)*
Linear Ft
$ 12.00
33
Curb and Gutter Items
Concrete Shoulder Gutter Removal & Disposal Greater than or equals to 151 Linear Foot)*
linear Ft
$ 6.00
34
Curb and Gutter Items
Concrete Shoulder Gutter Install Greater than or equals to 151 Linear Foot)*
Linear Ft
$ 12.00
35
Concrete Sidewalk Item
Concrete Sidewalk New Installation •
Square Yd
$ 70.00
36
Concrete Sidewalk Item
Concrete Sidewalk, Removal & Disposal of F)dsl'
Square Yd
$ 36.00
37
Concrete Sidewalk Item
Concrete Sidewalk, Install/ Replacement)*
Square Yd
$ 70.00
38
Concrete Sidewalk Item
ADA Sidewalk Ram New Installation •
Square Yd
$ 70.00
39
Concrete Sidewalk Item
ADA Sidewalk Ramps, Removal & Disposal of Epsti
Square Yd
$ 36.00
40
Concrete Sidewalk Item
ADA Sidewalk Ramps, Install/ Replacement)*
Square Yd
$ 70.00
41
Concrete Sidewalk Item
ADA Detectable Warning Mat Install/ Replacement)*
Square Ft
$ 25.00
42
Asphalt Sidewalk Items
Asphalt Sidewalk, New Installation •
Ton
$ 140.00
43
As haft Sidewalk Items
Asphalt Sidewalk Open Cud Removal & Disposal of East' *
Ton
$ 80.00
44
Asphalt Sidewalk Items
Asphalt Sidewalk, Open Cut Install/ Replacement)*
Ton
$ 165.00
45
Asphalt Sidewalk Items
Asphalt Sidewalk Overlay •
Ton
$ 125.00
46
Concrete Sidewalk Item
Spauld Repair on any type of concrete surface,Cou t Wide)*
Square Ft
$ 35.00
47
Concrete Sidewalk Item
Concrete Grinding Co Wide •
Square Ft
$ 15.00
48
Concrete Drainage Item
Curb Inlets To Removal & Disposal of E)dsti •
Square Yd
$ 7.00
49
Concrete Drainage Item
Curb Inlets T Install/ Replacement)*
Square Yd
$ 200.00
50
Concrete Drainage Item
Flumes Removal & Disposal of 6dsti
S care Yd
$ 10.00
51
Concrete Drainage Item
Flumes Install/ Replacement)*
S uare Yd
$ 30.00
52
Concrete Drainage Item
Mitered Ends Removal & Disposal of Ebsti "
Square Yd
$ 14.50
53
Concrete Drainage Item
Mitered Ends Install/ Replacement)*
Square Yd
$ 35.50
54
Misc Concrete
Miscellaneous Concrete Installation #
S care Yd
$ 90.00
55
Misc Concrete
Miscellaneous Concrete Removal & Disposal of E6dsti #
Square Yd
$ 36.00
56
Miscellaneous Man Hour
Construction Forman #
Per Hour
$ 50.00
57
Miscellaneous Man Hour
Equipment Operator #
Per Hour
$ 40.00
58
Miscellaneous Man Hour
Laborer #
Per hour
$ 20.00
Page -22-
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6/11/2013 11.C.
., .,,....
60
' b.. � .: • iS '
4�►�IS$ _� w �e�beausad t � _ he':
f
Crane 100 tors and below #
_
Per Hour
�: � �".,
$ 95.00
ARM TMYY!�
Equipment
61
Equipment
Track or Wheeled Excavator #
Per Hour
50.00
62
Equipment
Long Stick tracked Excavator 60ft or greater)
Per Hour
$ 125.00
63
Equipment
Tow behind Concrete Pump with up to 1000 It discharge Hose #
Per Hour
5 90,00
64
Equipment
Concrete Pump truck to 200 ft boom) #
Per Hour
$ 140.00
65
Material Items
Limerock Delivered and Installed #
Ton
$ 25.00
66
Material Items
Limerock Delivered and Installed #
Square Yd
$ 14.00
67
Material Items
Fill Dirt (Delivered and Installs #
Ton
$ 19.50
68
Material Items
Fill Dirt (Delivered and Installs #
Square Yd
$ 9150
69
Material Items
Flowable Fill (Excavate -able) delivered #
Cubic Yard
$ 90.00
70
Material Items
Fiawable Fill Non Excavate -able delivered #
Cubic Yard
$ 100.00
71
Material Items
Bahia Sod laid in Place #
Square Ft
$ 0.35
72
Material Items
Bahia Sod laid In Place #
Pallet
$ 145.00
73
Material Items
Floratan Sod Laid in Place #
Square Ft
$ 0.50
74
Material Items
Floraten Sod Laid in Place #
Pallet
$ 200.00
75
Material Items
Rip Rap Rubble Laid in place 6" - 12" #
Ton
$ 50.00
76
Material Items
Silt Screen including Installation and removal per 100ft #
Each 0 00ft
$ 100.00
77
Material Items
Turbidity Barrier Including Installation and removal per 100ft #
Each 100ft
$ 200.00
78
Misc Concrete
Miscellaneous Concrete 2500 PSI with fiber mesh, delivered #
Cubic Yard
$ 120.00
79
Misc Concrete
Miscellaneous Concrete 3000 PSI with fiber mesh, delivered #
Cubic Yard
S 130.00
80
Misc Concrete
Miscellaneous Concrete 5000 PSI with fiber mesh, delivered #
Cubic Yard
$ 150.00
81
Alternate Concrete Grirx
Alternate concrete grinding done by hand or any FDOT approved Method by Pro Is only #
ISquare Ft
6.10 kp
83 Material Items Materials mark up (ordy for items not listed on Bid Tab ) # % 20%
Page -23-
Packet Page -403-
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6/11/2013 11.C.
A G R E E M E N T 12-5974R
for
Concrete: Road, Sidewalk, Curb and Floor Install and Repairs
THIS AGREEMENT is made and entered into this day of , 2013, 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 Bonness, Inc., as the
Secondary Contractor, authorized to do business in the State of Florida, whose business address is
1990 Seward Avenue, Naples Florida, 34109 (hereinafter referred to as the "Contractor ").
WITNESSETH:
COMMENCEMENT: The contract shall be for one (1) two (2) year period, commencing on
award of the contract, and terminating two (2) years from date of award, or until such time as
all outstanding work requested prior to the expiration of the Agreement period have been
completed. This contract shall have two (2) additional (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
pre - qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope
of Work, hereby attached and incorporated by reference. Each awardee will provide complete
services for Concrete: Road, Sidewalk, Curb and Floor Install and Repair on an as- needed
basis as may be required by the Owner in accordance with the terms and conditions of ITB
#12 -5974R and the Contractor's proposal, which is incorporated by reference and made an
integral part of this Agreement. The execution of this Agreement shall not be a commitment to
the Contractor that any work will be awarded to the Contractor. Rather, this Agreement
governs the rights and obligation of the Quotation procedure outlined in the next paragraphs
and all Work undertaken by Contractor for Owner pursuant to this Agreement and that
procedure during the term and any extension of the term of this Agreement.
Any County Department may use this contract provided sufficient funds are included in its
budget. Prior to the start of each individual job, the user department shall provide a description
of work to be performed, to the Primary Contractor, The Primary Contractor shall have five (5)
business days to respond that they are willing and able to complete the job in the required time
frame. The user department will then issue a Purchase Order for the work.
If the Primary Contractor cannot provide the requested services within the timeframe specified
by the user department, then the Secondary Contractor will then be contacted. The user
department will then issue a Purchase Order for the work.
In each Purchase Order, the user department reserves the right to specify the period of
completion.
3. THE CONTRACT SUM: The County shall pay the Contractor for the performance of this Work
pursuant to the prices offered by the Contractor in his response to ITB #12- 5974R, attached
Page -1- G
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6/11/2013 11.C.
herein as Exhibit B and incorporated by reference, and /or subsequent quotes. The Contract
will be Purchase Order driven.
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County
to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by
the United States Postal Service Department, first class mail service, postage prepaid,
addressed to the following Contractor's address of record:
Bonness, Inc.
1990 Seward Ave
Naples, FL 34109
Attention: Kathleen Bailie
Phone: 239 - 597 -6221
Fax: 239 - 597 -7416
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the
following County's address of record:
Collier County Government Complex
Purchasing Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Joanne Markiewicz,
Interim Purchasing /General Services Director
Phone: 239 - 252 -8371
Fax: 239 - 252 -6584
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. 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
Page -2-
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6/11/2013 11.C.
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.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the
County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to
the County in the event of cancellation or modification of any stipulated insurance coverage.
Contractor shall ensure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
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
Page -3-
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6/11/2013 11.C.
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,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 12 will survive the expiration
or earlier termination of this Agreement until it is determined by final judgment that an action
against the Owner or an indemnified party for the matter indemnified hereunder is fully and
finally barred by the applicable statute of limitations.
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) reasonable indication that the Work will not be completed within the specified
time; (c) unsatisfactory prosecution of the Work by the Contractor; or (d) 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.
Page -4- G
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6/11/2013 11.C.
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 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.
A modification to the Purchase Order shall be issued and executed promptly after an
agreement is reached between Contractor and Owner concerning the requested changes.
Contractor shall promptly perform changes authorized by duly modified Purchase Orders.
16. 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). If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify Owner in writing.
17. CLEAN UP: Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT: Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
19. WARRANTY: Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
20. 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.
21. 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.
22. 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.
23. 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 Purchase Order have been caused thereby.
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If the Owner determines that a change in the Purchase Order is required because of the action
taken in response to an emergency, a modification to the Purchase 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 Purchase Order or an extension to the specified Time for completion.
24. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the
County by the Road and Bridge Maintenance Department.
25. 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, RFP No. 12- 5974R, any
addenda, any Quotation /Purchase Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Purchase Orders.
25. 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, 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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
33. 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.
* * * * * ***** * * * * * * * * * * * *** * * ** ***Remainder of page intentionally left
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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:
Date:
Approved as to form and
Legality:
Assistant County Attorney
First Witness
Type /Print Witness Name
Second Witness
Type /Print Witness Name
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
CONTRACTOR:
Bonness, Inc.
By:
Signature
Typed Signature
Title
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Exhibit A
Scope of Work
Portland Cement Concrete — Class 1
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Intent of Contract: The intent of the Contract is to provide for the construction and completion in
every detail of the work described in the Contract. Contractor is responsible to furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work in accordance
with the Contract Documents.
Prices quoted in this Contract shall include all man hours, materials, equipment, full restoration and
Maintenance of Traffic (MOT) unless otherwise noted. Full restoration is defined as bringing the
disturbed area back to original or better conditions. Areas that are disturbed due to Contractor staging
area will be restored by Contractor at no additional cost to the Department.
Work not covered by Standard Specifications: Proposed construction and any contractual
requirements not covered by these Standard Specifications may be covered by plan notes or by
Supplemental Specifications or Special Provisions for the Contract, and all requirements of such
Supplemental Specifications or Special Provisions shall be considered as a part of these
Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522
Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete ". Contractor will use concrete composed of a mixture of Portland
cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials.
Deliver concrete to the placement site in a freshly mixed, unhardened state.
All sidewalk slabs shall have a minimum of six (6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from
detrimental matter. Meet the following requirements of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013 or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting:
(a) Portland Cement ...................... ............................... Section 921
(b) Fine Aggregate ........................ ............................... Section 902
(c) Coarse Aggregate .................... ............................... Section 901
(d) Water ....................................... ............................... Section 923
(e) Chemical Admixtures .............. ............................... Section 924
(f) Pozzolans and Slag .................. ............................... Section 929
Materials
Meet the requirements specified in section 520 -2 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013 or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting.
Forms
Provide forms as specified in section 520 -3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition, approved by Project
Manager, and revisions thereto current at the time of contract letting.
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Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more than six
(6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to
be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the
sidewalk when right -of -way allows. Contractor is responsible for any limerock basetfill material that
may be required under sidewalk to be removed and /or added, to keep consistent with the existing
sidewalk elevation(s) at no additional cost to the using Department; all cost should be included with
the unit price of pay item being used.
Expansion Joints
Form '/Z inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-
1.1 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction and Florida Department of Transportation Design Standard 2013 or most current edition,
approved by Project Manager, and revisions thereto current at the time of contract letting. Construct
expansion joints at all inlets, at all radius points, and at other locations indicated on plans or by
Project Manager and /or designee. Contractor is responsible to insure that the entire depth of
expansion joint is equal to the depth of the concrete segment being replaced. Contractor is
responsible for any expansion joint material that may be required in between sidewalks to be
removed and /or added, to the existing sidewalk elevation(s) at no additional cost to the using
Department; all cost should be included with the unit price of pay item being used.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open -Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete
on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint,
remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 'h
inch radius.
Sawed Joints
IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 '/z
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
3/16 inch Saw cut joints, 1'h inch deep at not more than 30 feet intervals within (12 hours) after
finishing.
3/16 inch Saw cut joints, 1' /z inch deep within (96 hours) after finishing, maximum 5 foot
centers.
Placing Concrete
Place the concrete as specified in section 520 -5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike -off the concrete by means of a wood or metal screed, used perpendicular to the
forms, to obtain the required grade and remove surplus water and laitance.
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Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than % inch
under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of
the sidewalk with an edging tool having a radius of Y2 inch. Apply a tine finish by an approved hand
method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse
grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately
'/Z inch center to center.
Curing
Cure the concrete as specified in section 520 -8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Admixture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally
approved mix design. Use originally approved mix components and proportions, when unsatisfactory
test results are obtained from the use of the substituted material(s).
PRODUCTION, MIXING AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready -Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved
plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a
manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the
concrete production facility determines the free moisture for the coarse and fine aggregates. On
concrete placements expected to exceed three hours, perform an additional moisture test
approximately half way through the batching operations and adjust batch Proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production facilities meets the
requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters
and other weighing or measuring devices are checked for accuracy by a qualified representative of a
scale company registered with the Bureau of Weights and Measures of the Florida Department of
Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture
supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the
concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed
the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or
container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to
the mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to
be exceeded.
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CONTROL OF QUALITY
Concrete Mix Design
The mandatory use of concrete mix is 3000 PSI with Fiber mesh meeting the FDOT Construction
Standard specification 2013 or most current. All other concrete mixes/ blends need to follow the
FDOT construction standard specification requirement and have prior approval of the Supervisor of
Road Maintenance Contracts and Projects. Before producing any concrete, submit the proposed mix
design to the Supervisor of Road Maintenance Contracts and Projects on a form with all
specifications. Use only concrete mix designs meeting the following requirements and having prior
approval of the Supervisor of Road Maintenance Contracts and Projects. Maximum water to
cementitious materials ratio 0.55 Ibs /Ibs [0.55 kg /kg] Minimum 28 -Day Compressive Strength 3000
psi [17 MPa] Minimum cementitious Materials Content 470 Ibs /yd3 [280 kg /m3] Slump 0 to 6 inch [0
to 150 mm] Materials may be adjusted provided that the theoretical yield requirement of the approved
Mix design is met. Show all required original approved design mix data and batch adjustments and
substituted material on the Department concrete delivery ticket. The Supervisor of Road Maintenance
Contracts and Projects may disqualify any concrete production facility for non - compliance with
Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The
concrete producer may use an alternate form provided that it contains the required information.
Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher
responsible for production of the concrete, certifying that the batch was produced in accordance with
specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the
maximum specified water to cementitious materials ratio was not exceeded due to any jobsite
adjustments to the batch, and that the batch was delivered and placed in accordance with
specification requirements. Concrete acceptance by the Department will be by Certification on the
Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road
Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of
concrete that do not meet specification requirements, or exceeds the allowable slump or water to
cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet
the 28-day compressive strength requirements. At the sole option of the Department, the Supervisor
of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is
determined that the concrete may not serve its intended function.
Placing Concrete
Place the concrete as specified in section 520 -5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting.
CONCRETE GUTTER, CURB ELEMENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction 2013, and revisions thereto
current at the time of contract letting.
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Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction
2013, and revisions thereto current at the time of contract letting.
Joint Materials
Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting.
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp
or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without
deviation from line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of
Road Maintenance Contracts and Projects provided that the Contractor consistently produces an
acceptable finished product, true to line, grade, and cross section.
Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120 -9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting. Contractor is responsible for any limerock base /fill material that may be required to be
removed and /or added, for example roots, rock, dirt, ect. to keep consistent with the existing
elevation(s) at no additional cost to the using Department; all cost should be included with the unit
price of pay item being used. This applies only for the removal and replacement of existing sidewalks.
Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either
formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they
are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete.
Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them
while the forms are still in place. Saw contraction joints, for machine placed items, unless the
Supervisor of Road Maintenance Contracts and Projects approves an alternate method. Saw the
joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and
before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet
except where closure requires a lesser interval, but do not allow any section to be less than four (4)
feet in length.
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Finishing — Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects
with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of
Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove
and replace any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road
Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are
too rough or where other surface defects make additional finishing necessary, the Supervisor of Road
Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface
with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface,
the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub
further, using thin grout or mortar.
Curing — General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing
after completely finishing and as soon as the concrete has hardened sufficiently to permit application
of the curing material without marring the surface. Immediately replace any curing material removed
or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces
exposed by placing a berm of moist earth against them or by any of the methods described below, for
the remainder of the seventy two (72) hour curing period.
Wet Burlap Method
Place burlap, as specified in section 925 -1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond
each side to ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the
burlap securely in place such that it will be in continuous contact with the concrete at all times, and do
not allow any earth between the burlap surfaces at laps or between the burlap and the concrete.
Saturate the burlap with water before placing it, and keep it thoroughly wet throughout the curing
period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section
925 -2 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction 2013, and revisions thereto current at the time of contract letting, by a hand sprayer
meeting the requirements of section 350 -3.10 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting, in a single coat continuous film at a uniform coverage of at least two hundred (200)
square feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the
coating. Thoroughly agitate the curing compound in the drum prior to application, and during
application as necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925 -3 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction 2013, and revisions thereto
current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient
extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six
(6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all
times.
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Backfilling and Compaction
After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces
in front and back of the curb to required elevation with suitable material (Contractor is responsible for
any limerock base /fill material that may be required to be removed and /or added, to keep consistent
with the existing elevation(s) at no additional cost to the using Department; all cost should be included
with the unit price of pay item being used). Place and thoroughly compact the material in layers not
thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the
centerline of the roadway and while the concrete is still plastic. Perform straight edging along the
edge of the gutter adjacent to the pavement or along other lines on the gutter cross - section, as
directed by the Supervisor of Road Maintenance Contracts and Projects. Immediately correct
irregularities in excess of % inch.
Quality & Final Cleaning Up of Right -of -Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Upon completion of the work, and before the Department accepts the work and
makes final payment, remove from the right -of -way and adjacent property all falsework, equipment,
surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner
all property, both public and private, that has been damaged during the prosecution of the work; and
leave the waterways unobstructed and the roadway in a neat and presentable condition throughout
the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or
equipment, on abutting property, with or without the consent of the property owners. All restoration
shall be done within 24 hours after curing is complete and any final inspection. Areas determined to
be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects, shall be removed
and replaced at no additional cost to the Department. Repairs shall be completed prior to submission
of the Contractor's invoice for work accomplished during the cycle. However, the Director of Road
Maintenance's judgment when evaluating completed work shall be final.
Asphalt sidewalk: This consists of Placing Asphalt Surface on OTHER than Roadways (i.e., bike
paths, parking lots, alleyways, paved ditches, etc) Contractor shall list on the bid form the price for
laying asphalt in place, in conformity with the Florida Department of Transportation (FDOT) Standard
Specifications for Road and Bridges Construction and the requirements of the Project Manager for
each particular job. Unit price shall be by ton on resurfacing sidewalk projects and open cut repairs.
Asphalt sidewalk overlay shall include grading back pavement edge, sweeping the surface, providing
the asphalt hot mix, laying the asphalt in place, and rolling the asphalt surface with both a steel wheel
compactor and a rubber7 tire roller. All joints must be keyed in. Unit price shall include labor,
equipment, and materials for varying sizes of jobs. Small Jobs Up to 200 Tons.
Contractor is responsible for any limerock base/fill material that may be required to be removed
and /or added, to keep consistent with the existing elevation(s) at no additional cost to the using
Department; all cost should be included with the unit price of pay item being used.
Concrete Grinding
All Grinding shall be as specified in section 352 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition. All concrete areas that
have a misalignment less than or equal to 1.5 inches without any existing cracks on the concrete
pavement slab and /or segment will be ground out to instead of slab replacement. Sidewalks can only
be ground down to a maximum depth of 25% off of the existing thickness.
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Alternate Concrete Grindina Methods
Any alternate concrete grinding done by hand or FDOT approved methods will have to be approved
by the Superintendent of Road Maintenance. The contractors shall provide a summary of how work is
to be performed and the opportunity to submit a formal proposal for the alternate grinding method.
The lowest submitted proposal will be awarded subsequent to the county approval process. The
method of payment shall be in square feet.
LIMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require
the Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to
ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely
and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place
materials stored along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTOR'S SUPERVISION:
Prosecution of Work: Project will not start until a Notice to Proceed and /or Purchase Order is
provided to the awarded Contractor. Give the work the constant attention necessary to ensure the
scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and
Projects and with other contractors at work in the vicinity.
Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and /or
his appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while
work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent
superintendent capable of properly interpreting the Contract Documents and is thoroughly
experienced in the type of work being performed. Provide a superintendent with the full authority to
receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent
who speaks and understands English, and maintain at least one other responsible person who
speaks and understands English, on the project during all working hours.
Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has
at least one year of experience directly related to worksite traffic control in a supervisory or
responsible capacity and is certified by the American Traffic Safety Services Association Worksite
Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate
Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available
on a twenty four (24) hour per day basis, and who reviews the project on a day -to -day basis and
participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all
equipment and materials needed to maintain traffic control and handle traffic related situations.
Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow
minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty
Page -17-
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four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the
traffic control plan and any changes to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone
traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance
Contracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply
with the provisions of this Sub article.
ALTERATION OF PLANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at
any time prior to or during the progress of the work, such increases or decreases in quantities,
whether a significant change or not, and such alterations in the details of construction, whether a
substantial change or not, including but not limited to alterations in the grade or alignment of the road
or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance
Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of
Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract. In the instance above, the determination by the
Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to
challenge by the Contractor in any forum, except upon the Contractor establishing by clear and
convincing proof that the determination by the Supervisor of Road Maintenance Contracts and
Projects was without any reasonable and good -faith basis.
Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to
the satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of
Road Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of
whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution,
and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done,
and materials furnished, under or by reason of the Contract. The Director of Road Maintenance will
have the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants:
The Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and
representatives, as he desires. These assistants and representatives are authorized to inspect all
work done and all materials furnished. Such inspection may extend to all or any part of the work and
to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and
representatives are not authorized to revoke, alter, or waive any requirement of these Specifications.
Rather, they are authorized to call to the attention of the Contractor any failure of the work or
materials to meet the Contract Documents, and have the authority to reject materials or suspend the
work until any questions at issue can be referred to and decided by the Supervisor of Road
Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects
will immediately notify the Contractor in writing of any such suspension of the work, stating in detail
the reasons for the suspension. The presence of the inspector or other assistant in no way lessens
the responsibility of the Contractor. The Director of Road Maintenance will have the final authority.
DEFAULT AND TERMINATION OF PURCHASE ORDER:
Determination of Default: For any Purchase Order issued under this Contract, the Supervisor of
Road Maintenance Contracts and Projects will give notice, in writing, to the Contractor for any delay,
neglect, or default, if the Contractor:
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(a) Fails to begin the work within the time specified in the Notice to Proceed;
(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the project;
(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew
such work that the Supervisor of Road Maintenance Contracts and Projects rejects as
unacceptable and unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the
Contractor to do so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road
Maintenance Contracts and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described
above, fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road
Maintenance Contracts and Projects will have full power and authority, without violating the Contract,
to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in
default. In the event the Contractor fails to perform any required service within the time schedule
under the contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any
delays or as a result of an Act of Nature.
The Director of Road Maintenance will have the final authority. In the event that the Supervisor
of Road Maintenance Contracts and Projects or his designee, finds the Contractor in default,
Contractor's recovery against the County shall be limited to that portion of the Purchase Order
Amount earned through the date of termination. The Contractor shall not be entitled to any other or
further recovery against the County, including, but not limited to, any damages or any anticipated
profit on portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his
assistant will measure all work completed under the Contract in accordance with the United States
Standard Measures [International System of Units (SI) Measures].
Payments
items included in Payment: The Contractor will accept the compensation as provided in each
Purchase Order as full payment for furnishing all materials and for performing all work contemplated
and embraced under the Purchase Order; also for all loss or damage arising out of the nature of the
work or from the action of the elements, or from any unforeseen difficulties or obstructions which may
arise or be encountered in the prosecution of the work until its final acceptance; also for all other
costs incurred under the provisions of the Florida Department of Transportation, Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
For any item of work contained in the quotation, except as might be specifically provided otherwise in
the basis of payment clause for the item, the Contractor will include in the quotation unit price (or
lump sum price) for the pay item or items the cost of all labor, equipment, materials, tools and
Page -19-
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incidentals required for the complete item of work, including all requirements of the Section specifying
such item of work, except as specifically excluded from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or
material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity
of any part of the completed work prior to final acceptance, then the Department will not allow
payment for such defective or questioned work until the Contractor has remedied the defect and
removed any causes of doubt.
Control of Work
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road Maintenance
Contracts and Projects, shall be removed and replaced at no additional cost to the Department.
Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement or structures,
mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of
the Supervisor of Road Maintenance Contracts and Projects at no additional cost to the Department.
Repairs shall be completed prior to submission of the Contractor's invoice for work accomplished.
Basis of Payment
Payment shall be full compensation for furnishing all equipment, materials, labor, disposal, and
incidentals necessary to complete all specified operations.
Beginning Work: The Contactor shall Notify the Supervisor of Road Maintenance Contracts and
Projects not less than five (5) days in advance of the planned start day of work. Upon the receipt of
such notice, the Supervisor of Road Maintenance Contracts and Projects may give the Contractor
Notice to Proceed and may designate the point or points to start the work. In the Notice to Proceed,
the Supervisor of Road Maintenance Contracts and Projects may waive the five (5) day advance
notice and authorize the Contractor to begin immediately. The Contractor shall notify the Supervisor
of Road Maintenance Contracts and Projects in writing at least two (2) days in advance of the starting
date of important features of the work. Unless there is an emergency situation, the Contractor will not
commence work until after the Supervisor of Road Maintenance Contracts and Projects has issued
the Purchase Order and Notice to Proceed.
Compliance with Time Requirements: The Contractor shall commence work in accordance with the
approved working schedule and provide sufficient labor, materials and equipment to complete the
work within the time limit(s) set forth in the quotation. All sidewalk deficiency issued to the Contractor
shall have thirty (30) days to complete the work, from the date of the NTP or sooner if possible.
Should the Contractor fail to furnish sufficient and suitable equipment, forces, and materials, as
necessary to prosecute the work in accordance with the required schedule, the Supervisor of Road
Maintenance Contracts and Projects may withhold award of all quotations that are, or may become
due, or suspend the work until the Contractor corrects such deficiencies, or, at his sole discretion,
may award the work to the Secondary Contractor. A deduction of ten percent (10 %) will be deducted
from invoices for non - compliance with the NTP time frames.
Pre - construction Conference: If applicable to a specific project, before the Contractor begins work;
the Supervisor of Road Maintenance Contracts and Projects will call a pre - construction conference at
a place the Supervisor of Road Maintenance Contracts and Projects designates to go over the
construction aspects of the project. The Contractor will attend this meeting, along with the
Department and the various utility companies that may be involved with the repair. This meeting will
be mandatory.
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Exhibit B
Payments
Payments will be made to the Contractor based on the pricing identified in this Exhibit B. The
following terms shall apply:
* Line Items #1 - 52, Contractor shall include all materials costs, all equipment costs, all man hour
costs, all excavation, all tree root removal, full restoration and MOT in the item price
# Line items #54 - 80, (Miscellaneous Concrete Work) all materials costs, all man hours, all
Equipment hours listed, will need to be added when this item is utilized. All MOT cost will be included
in miscellaneous concrete square yard price.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *Remainder of page intentionally left blank
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Page -21-
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Yl
$
Ipry,�114 rl gyp.
and Gutter Items Concrete
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb end Gutter Items
Curb and Gutter Items
Curb and Gutt er iterts
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Guitar Items
Curb end Guttef Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter hems
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Curb and Gutter Items
Concrete Sidewalk Its
ncr
Concrete Sidewalk Its
Concrete Sidewalk Its
Concrete Sidewalk Its
Concrete Sidewalk Ite
Cororete Sidewalk Ile
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As halt Sidewalk Items
As halt Sidewalk Items
As halt Sidewalk Items
Concrete Sidewalk Iten-dSoad
Concrete Sidewalk Its
Concrete Drains a Its
Concrete Drake Its
Concrete Drainage Its
Concrete Drains Its
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Curb & Gutter Removal & Dis al TYPE E Leea lien or equal to 150 Lrear Foot ' Lirear
Concrete Curb & Gutter Install PE Lesa than or a uel to 150 Linear Foot' Linear
Concrete Curb & Gutter Removal & Db I PEE Greater than or equals to 151 Linear Foot ' Linear
Concrete Curb & Gutter Install TYPE E Greater than or equals to 151 Linear Foot' Linear
Concrete Curb &Gutter Removal & Dis sal PE F Leas then or ual to 150 Linear Foot ' Linear
Concrete Curb & Gutter Install YPE Less than or I to 150 Linear Foot •
Concrete Curb & Gutter Removal & Disposal TYPE F Greater then or equals to 151 Lkear Foot •
Concrete Curb & Gutter Install PE Greater than or uab to 151 Linear Foot'
Concrete Curb & Gutter Removal & Disposal (Special - fora odd
Concrete Curb &Gutter Install S I -fora odd
Concrete Curb TYPE A Removal & Disposal Less than or equal to 150 Linear Foot '
Cororete Curb PEA Install Lose than or ual to 150 Linear Foot'
Concrete Curb PEA Removal & Disposal Greater than or equals to 151 Linear Foot'
Concrete Curb PE A Install Greater than or equals to 151 Linear Foot'
Concrete Curb TYPE B Removal 8 Disposal (Less than or ual to 150 Linear Foot '
Concrete Curb TYPE B Install Less than or equal to 150 Linear Foot'
Concrete Curb TYPE B Removal & Disposal Greater than or equals to 151 Linear Foot '
Concrete Curb TYPE B Install Greater then or uels to 151 Linear Foot '
Con creto Curb PE D Removal & Disposal Less then or equal to 150 Lnear Foot '
Concrete Curb TYPED Install Less then or equal to 150 Linear Foot '
Concrete Curb TYPE D Removal & Disposal Greeter than or Lisle to 151 Linear Foot '
Concrete Curb TYPE D Install Greater than or uals to 151 Linear Foot '
Concrete Curb Removal & Disposal (Special -fore odd
Concrete Curb Install S I -fore odd
Concrete Valley Gutter Isal Less than or equal to 150 Linear Foot)*
Concrete Valley Gutter Install Lose than or uel to 150 Linear Foot
Concrete Valley Gutter Removal & Disposal Greater than orequals to 151 Linear Foot •
Concrete Valle Gutter Install Greater then or equals to 151 Linear Foot '
Concrete Gutter Removal & Disposal (Special - fore odd
Concrete Gutter Install (Special - for odd
Concrete Shoulder GtMer Removal 8 Dis sal Less than or equal to 150 Linear Foot '
Concrete Shoulder Gutter Install (Le then or ual to 150 Linear Foot)*
Concrete Shoulder Gutter Removal & Disposal Greater than or equal to Foot). Linear Foot'
Concrete Shoulder Gutter Install Greater then or uals to 151 Linear Foot '
Concrete Sidewalk New Installation)*
Concrete Sidewalk, Removal & Disposal of hA i
Concrete Sidewalk Install/ Re lacemant '
ADA Sidewalk Rams New Installation'
ADA Sidewalk KS MPs, Removal & Dis al of Ddst' '
ADA Sidewalk Rams Install/ Re cement '
ADA Detectable Warm Mat Install/ Re cement'
AS hall Sidewalk, New Installation'
As halt Sidewalk Open Cut Removal 85 Di- 1 of Edsti
As halt Sidewalk, Open Cut Install/ Replacement)*
As haft Sidewalk Ovens '
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Concrete Grindft (County Wide'
Curb Inlets To Removal & Disposal of Enstl '
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Flumes Removal & Disposal of EAsti '
Fhrnea Install/ Replacement)
Mitered Ends Removal & Disposal of Existi •
Mitered Ends Install/ Rep
Miscellaneous Concrete installation #
Miscellaneous Concrete Removal & Dis sal of E)dsti #
Construction Forman #
Equipment O rator #
Laborer #
* �i.'{`E
Ft
Ft
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Linear Ft
Linear Ft
Linear
Linear. Ft
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Linear Ft
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Per Hour
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=
$ 11.97
$ 17.85
$ 6.17
$ 12.80
$ 11.97
$ 16.70
$ 8.09
$ 11.86
$ 11.97
$ 16.70
$ 11.97
$ 14.89
$ 9.17
$ 9.79
$ 12.40
$ 14.79
$ 11.41
$ 7.78
$ 10.43
$ 9.17
$ 9.94
$ 12.40
$ 14.79
$ 11.07
$ 12.40
$ 14.79
$ 15.83
1 Curb
2
3
4
5
6
7
B
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
$ 15.73
$ 9.10
$ 11.07
$ 44.7 2
$ 14.40
$ 51.37
$ 118.53
$ 35.19
$ 127.17
$ 24.68
$ 116.89
$ 60.53
$ 120.91
$ 145.79
$ 4.72
$ 6.27
$ 536.77
$ 369.36
$ 118.40
$ 200.94
$ 196.37
$ 328.47
$ 54.75
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
$ 32.82
$ 36.63
$ 38.38
Page -22- �.
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Page -23-
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Go er
county
AdrniNstratnre Services Division
Purchasing
INVITATION TO BID
Date: April 3, 2013
From: Adam Northrup, Procurement Strategist
(239) 252 -6098 (Telephone)
(239) 252 -6302 (FAX)
adamnorthrup @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 12 -5974R — Concrete: Road, Sidewalk, Curb and Floor Install and
Repairs.
As requested by the Division of Growth Management, the Collier County Board of County
Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair
and competitive responses.
Please refer to the Public Notice included in this document for the opening date and time and
any applicable pre -ITB conference.
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department E- Procurement website: www.colliergov.net/bid. All responses to questions will
be posted on the website with electronic notification to all prospective vendors.
We look forward to your participation in Collier County's competitive procurement process.
cc: Alex Blanco, Travis Gossard
Note: All ITB responses must be submitted at Collier County's online purchasing
system at www.colliergov.net/bid.
Purdiasag OepaMnen! • 3327 Tam. mmi Trail East • Naples, Florida 34112 4901 - www.coilieroov.nevpurchasing
#12 -5974R
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Rep,
Packet Page -428-
6/11/2013 11.C.
Invitation to Bid
Index
PublicNotice ...................................................................................... ..............................3
Exhibit I: Specifications and Response Format .............................. ..............................4
Exhibit ll: General Bid Instructions ................................................... ..............................6
Exhibit III: Standard Purchase Order Terms and Conditions ........... .............................11
Exhibit IV: Additional ITB Terms and Conditions ............................. .............................14
ExhibitV: Scope of Work ................................................................ .............................20
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ........................31
Attachment 2: Vendor's Check List .................................................. .............................32
Attachment 3: Vendor Submittal - Bid Response Form ................. ...............................
33
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit ..........................35
Attachment 5: Vendor Submittal — Immigration Affidavit .................. .............................36
Attachment 6: Vendor Substitute W — 9 ......................................... ...............................
37
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ....................38
Attachment 8: Certification of Disbursement .................................. .............................40
#12 -5974R
ITB Concrete Road, Sidewalk, Curbs and Floor Install an('
Packet Page -429-
6/11/2013 11.C.
Public Notice
Sealed bid responses for Solicitation 12 -5974R — Concrete: Road, Sidewalk, Curb and Floor
install and repairs, will be received electronically at www.coilierclov.net /bid or at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 p.m. Collier
County local time on April 25, 2013. Solicitation responses received after the stated time and date will
not be accepted.
Solicitation 12 -5974 — Concrete: Road, Sidewalk, Curb and Floor install and repairs
A non - mandatory pre -bid conference will be held on April 10, 2013, commencing pm promptly at 3:00
and held at Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL
34112. All prospective bidders must attend this conference in order to submit a bid response or be
considered for an award.
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department E- Procurement website: www.collieraov.net/bid. All responses to questions will be posted
on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only available
for download from the Collier County Purchasing Department E- Procurement website noted herein.
ITB Documents obtained from sources other than Collier County Purchasing may not be
accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Joanne Markiewicz
Interim Purchasing /General Services Director
Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing
and in the lobby of the Purchasing Building on 04/03/2013.
#12 -5974R
ITB Concrete Road, Sidewalk, Curbs and Floor Install an(*
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6/11/2013 11.C.
Exhibit I: Specifications and Response Format
As requested by the Collier County Division of Growth Management (hereinafter, the "Division or
Department "), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining
bids from interested and qualified firms in accordance with the terms, conditions and specifications
stated or attached.
The Vendor, at a minimum, must achieve the requirements of the Scope of Work and Specifications
stated herein.
Brief Description of Purchase
To setup contracted pricing for various concrete work, repairs and maintenance including, but not
limited to: roads, sidewalks, parking lots, curbs and building floors. Historically, the County has
spent approximately $1,400,000 annually on the current contract.
Detailed Scope of Work
See Exhibit V: Scope of Work
Award Criteria
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids /projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in
accordance with the following methodology on Attachment 8: Bid Schedule:
1. Complete line item pricing for items 1 — 58.
2. Your Company's line item pricing will then be weighted by the column marked
"Quantity ", according to each item's usage on the previous contract.
3. Report line 59 "BASE BID TOTAL ", on Attachment 3: Bid Response Form.
4. Complete line item pricing for items 60 — 82.
5. Report line 83 "ALTERNATE BID TOTAL" on Attachment 3: Bid Response Form.
6. Complete line item 84 "Material Markup ", with a percentage above cost for any
material not included in lines 1 -82. Report percentage from line 84 on Attachment
3: Bid Response Form.
• The "Weighted Quantity" column on Attachment 8: Bid Schedule, is solely for the purpose of
scoring and Collier County makes no guarantee as to quantities that will be purchased under
this contract.
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• Collier County reserves the right to select one or more than one supplier, however, it is the
intent to select a primary and a secondary vendor for all work ordered under this contract.
Secondary vendor will be used in the event the primary vendor cannot comply with the County
project manager's time requirements.
• The contract will be in the form of a standard short form construction contract.
Term of Contract
The contract term, if an award(s) is /are made is intended to be for one (2) year term, with two (3)
additional one (1) year renewal options.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director.
Price adjustments are dependent upon budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event
Date
Issue Solicitation Notice
04/03/2013
Last Date for Receipt of Written Questions
04/22/2013, 3:OOPM
Non - mandatory pre - solicitation meeting at Collier County
Purchasing Department, 3301 Tamiami Trail East, Naples,
Florida 34112.
04/10/2013, 3:OOPM
Solicitation Deadline Date and Time
04/25/2013, 3:OOPM
Anticipated Evaluation of Submittals
Week of 04/29/2013
Anticipated Completion of Contract Negotiations
05/10/2013
Anticipated Board of County Commissioner's Contract
Approval Date
06/11/2013
Vendor Required Documents
• Attachment 1: Vendor's Non Response Statement
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 4: Immigration Law Affidavit
• Attachment 5: Vendor Substitute W -9
• Attachment 6: Insurance and Bonding Requirement
• Attachment 7: Occupational Licensure
• Attachment 8: Bid Schedule
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Exhibit II: General Bid Instructions
1. Purpose /Objective
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As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and /or attached herein /hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
1, 2, 3, 4, and 5 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non - responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non - responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and /or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and /or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
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6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and /or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum /clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications rig or to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department E- Procurement website: www.colliergov.net /bid. Before submitting a bid
response, please make sure that you have read all, understood clearly and complied completely
with any changes stated in the addenda as failure to do so may result in the rejection of your
submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department e-
procurement website: www.coiliergov.net /bid.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.coiliergov.net /bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department E- Procurement website. For general
questions, please call the referenced Procurement Strategist identified in the Public Notice.
10. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director rip for to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
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Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non - responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number
2008 -181 establishing and adopting the Collier County Purchasing Policy.
The Collier County Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of local businesses to receive awards of Collier County
purchases.
A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the
limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and shall not be used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well -being of either Collier or Lee County in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to either Collier or Lee County's
tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a "local business" under this section.
When a qualified and responsive non -local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of
the price submitted by the non -local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the
price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff
shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and
responsive vendors.
Next, the Purchasing Department shall determine if the lowest local vendor meets the
requirements of Section 287.087 F.S.
If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which
shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an
offer that fully matches the lowest quote from the lowest non -local vendor tendered previously,
then award shall be made to the local vendor. If the lowest local vendor declines or is unable to
match the lowest non local quote price(s), then award will be made to the lowest overall qualified
and responsive vendor. If the lowest local vendor does not meet the requirement of Section
287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets
the requirements of the referenced state law.
Vendor must complete and, submit with its quote response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
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Failure on the part of a Vendor to submit this Affidavit with their quote 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 quote submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with any of the competing 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.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet -based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of
the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If
the BidderIVendor 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 se q. 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.
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14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be
required to provide a certificate of authority from the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501
(www.sunbiz.org /search.htmi . A copy of the document shall be submitted with the solicitation
response and the document number shall be identified. Firms who do not provide the certificate of
authority at the time of response shall be required to provide same within five (5) days upon
notification of selection for award. If the firm cannot provide the document within the referenced
timeframe, the County reserves the right to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug -free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session. Awards
pertaining to the Collier County Airport Authority will generally be made by that agency's approval
Board.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Purchasing Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Purchasing Director.
18. Bonding
Security bonds shall be required for sin le projects over $200,000 at the sole discretion of the
project manager.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer
actual receipt of the goods by the COUNTY
This offer is subject to cancellation by the
nonetheless remain with VENDOR.
COUNTY without notice if not accepted by
b) No charges will be paid by the COUNTY for
VENDOR within fourteen (14) days of issuance.
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
2. Acceptance and Confirmation
Unless otherwise provided in Purchase
This Purchase Order (including all documents
Order, no invoices shall be issued nor
attached to or referenced therein) constitutes
payments made prior to delivery. Unless
the entire agreement between the parties, unless
freight and other charges are itemized, any
otherwise specifically noted by the COUNTY on
discount will be taken on the full amount of
the face of this Purchase Order. Each delivery of
invoice.
goods and /or services received by the COUNTY
c) All shipments of goods scheduled on the
from VENDOR shall be deemed to be upon the
same day via the same route must be
terms and conditions contained in this Purchase
consolidated. Each shipping container must
Order.
be consecutively numbered and marked to
show this Purchase Order number. The
No additional terms may be added and Purchase
container and Purchase Order numbers must
Order may not be changed except by written
be indicated on bill of lading. Packing slips
instrument executed by the COUNTY. VENDOR
must show Purchase Order number and
is deemed to be on notice that the COUNTY
must be included on each package of less
objects to any additional or different terms and
than container load (LCL) shipments and /or
conditions contained in any acknowledgment,
with each car load of equipment. The
invoice or other communication from VENDOR,
COUNTY reserves the right to refuse or
notwithstanding the COUNTY'S acceptance or
return any shipment or equipment at
payment for any delivery of goods and /or
VENDOR'S expense that is not marked with
services, or any similar act by VENDOR.
Purchase Order numbers. VENDOR agrees
to declare to the carrier the value of any
3. Inspection
shipment made under this Purchase Order
All goods and /or services delivered hereunder
and the full invoice value of such shipment.
shall be received subject to the COUNTY'S
d) All invoices must contain the Purchase Order
inspection and approval and payment therefore
number and any other specific information as
shall not constitute acceptance. All payments are
identified on the Purchase Order. Discounts
subject to adjustment for shortage or rejection.
of prompt payment will be computed from the
All defective or nonconforming goods will be
date of receipt of goods or from date of
returned pursuant to VENDOR'S instruction at
receipt of invoices, whichever is later.
VENDOR'S expense.
Payment will be made upon receipt of a
proper invoice and in compliance with
To the extent that a purchase order requires a
Chapter 218, Fla. Stats., otherwise known as
series of performances by VENDOR, the
the "Local Government Prompt Payment
COUNTY prospectively reserves the right to
Act," and, pursuant to the Board of County
cancel the entire remainder of the Purchase
Commissioners Purchasing Policy.
Order if goods and /or services provided early in
the term of the Purchase Order are
5. Time Is Of the Essence
non - conforming or otherwise rejected by the
Time for delivery of goods or performance of
COUNTY.
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
4. Shipping and Invoices
schedules or deliver within a reasonable time, as
a) All goods are FOB destination and must be
interpreted by the COUNTY in its sole judgment,
suitably packed and prepared to secure the
shall entitle the COUNTY to seek all remedies
lowest transportation rates and to comply
available to it at law or in equity. VENDOR
with all carrier regulations. Risk of loss of
agrees to reimburse the COUNTY for any
any goods sold hereunder shall transfer to
expenses incurred in enforcing its rights.
the COUNTY at the time and place of
VENDOR further agrees that undiscovered
delivery; provided that risk of loss prior to
delivery of nonconforming goods and /or services
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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.
7. 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
Goods and services provided pursuant to this
Purchase Order, and their production and
transportation shall conform to all applicable
laws, including but not limited to the Occupational
Health and Safety Act, the Federal
Transportation Act and the Fair Labor Standards
Act, as well as any law or regulation noted on the
face of the Purchase Order.
Advertising
No VENDOR providing goods and services to the
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and /or
services, or appropriate or make use of the
COUNTY'S name or other identifying marks or
property without the prior written consent of the
COUNTY'S Purchasing Department.
10. Indemnification
VENDOR shall indemnify and hold harmless the
COUNTY from any and all claims, including
claims of negligence, costs and expenses,
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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).
If any claim which arises from VENDOR'S breach
of section 11 (a) has occurred, or is likely to
occur, VENDOR may, at the COUNTY'S option,
procure for the COUNTY the right to continue
using the goods or services, or replace or modify
the goods or services so that they become
non - infringing, (without any material degradation
in performance, quality, functionality or additional
cost to the COUNTY).
12. Insurance Requirements
The VENDOR, at its sole expense, shall 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
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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 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
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such breach and VENDOR has failed to cure
within 10 days of receipt of such notice.
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida. The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
deemed a waiver of any subsequent default
by VENDOR.
c) All notices under this Purchase Order shall
be sent to the respective addresses on the
face page by certified mail, return receipt
requested, by overnight courier service, or by
personal delivery and will be deemed
effective upon receipt. Postage, delivery and
other charges shall be paid by the sender. A
party may change its address for notice by
written notice complying with the
requirements of this section.
d) The Vendor agrees to reimbursement of any
travel expenses that may be associated with
this Purchase Order in accordance with
Florida Statute Chapter 112.061, Per Diem
and Travel Expenses for Public Officers,
employees and authorized persons.
e) In the event of any conflict between or
among the terms of any Contract Documents
related to this Purchase Order, the terms of
the Contract Documents shall take
precedence over the terms of the Purchase
Order. To the extent any terms and /or
conditions of this Purchase Order duplicate
or overlap the Terms and Conditions of the
Contract Documents, the provisions of the
Terms and /or Conditions that are most
favorable to the County and /or provide the
greatest protection to the County shall
govern.
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and /or Services
During the contract term, Collier County reserves the right to add related items and /or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and /or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion /termination of agreement.
5. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 80% or more of the each individual job assigned.
6. Deductions for Non - Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non - performance.
7. 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.
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.
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All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well - groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non - responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required -flee.
After registering the license /registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252 -2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair /replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
12. 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.
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13. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or, emailed to: bccapclerk(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 shall 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 shall 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 must 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.
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Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
14. Survivability
Bids (ITBs /RFPs): The Consultant/ContractorNendor agrees that any Work Order /Purchase
Order that extends beyond the expiration date of Solicitation 12 -5974R — Concrete: Roads,
Sidewalks, Curbs and Floor Installation and repair, resultant of this solicitation will survive and
remain subject to the terms and conditions of that Agreement until the completion or termination of
any Work Order /Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO) forms and endorsements or their equivalents. If Vendor has any self - insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self - insured retentions or deductibles will be Vendor's sole responsibility.
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Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices
of expiration, cancellation, non - renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. 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.
16. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right -of -Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and /or Purchasing Departments
and are available on -line at coiliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
( "MOT ") policy will be enforced under this Contract.
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All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page.
17. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
18. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and /or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and /or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and /or materials required for job including brand and /or model
number or type if applicable
• Pricing and availability of goods and /or materials provided under Vendor's agreements with
material suppliers
19. Grant Compliance
The purchase of any goods and /or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. Vendor shall supply a list of equipment and an hourly rate for each. Hourly
rates will commence once equipment arrives at the service site.
In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and /or acceptance by the County.
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rCo err 000 rty
AdrmrasE Wm Services [vision
Purchasing
Exhibit V: Scope of Work
Portland Cement Concrete — Class 1
6/11/2013 11.C.
Intent of Contract: The intent of the Contract is to provide for the construction and completion in
every detail of the work described in the Contract. Contractor is responsible to furnish all labor,
materials, equipment, tools, transportation, and supplies required to complete the work in accordance
with the Contract Documents.
Prices quoted in this ITB shall include all man hours, materials, equipment, full restoration and
Maintenance of Traffic (MOT) unless otherwise noted. Full restoration is defined as bringing the
disturbed area back to original or better conditions. Areas that are disturbed due to Contractor staging
area will be restored by Contractor at no additional cost to the Department.
Contractor must supply a list of all equipment on hand to perform standard concrete repairs
and installation.
Work not covered by Standard Specifications: Proposed construction and any contractual
requirements not covered by these Standard Specifications may be covered by Contract plan notes or
by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such
Supplemental Specifications or Special Provisions shall be considered as a part of these
Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522
Concrete Sidewalk.
The requirements of this Section are applicable to concrete designated as Class I (Nonstructural),
hereinafter referred to as "concrete ". Contractor will use concrete composed of a mixture of Portland
cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials.
Deliver concrete to the placement site in a freshly mixed, unhardened state.
All sidewalk slabs shall have a minimum of six (6) inches in depth.
General
Certify that all materials used in concrete are from Department approved sources, and free from
detrimental matter. Meet the following requirements of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013 or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting:
(a) Portland Cement ...................
(b) Fine Aggregate .....................
(c) Coarse Aggregate .................
(d) Water ..... ...............................
(e) Chemical Admixtures............
(f) Pozzolans and Slag ...............
. ............................... Section 921
. ............................... Section 902
. ............................... Section 901
. ............................... Section 923
............................... Section 924
. ............................... Section 929
Materials
Meet the requirements specified in section 520 -2 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013 or most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting.
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Forms
Provide forms as specified in section 520 -3 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition, approved by Project
Manager, and revisions thereto current at the time of contract letting.
Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more than six
(6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to
be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the
sidewalk when right -of -way allows. Contractor is responsible for any limerock base/fill material
that may be required under sidewalk to be removed and/or added, to keep consistent with the
existing sidewalk e/evation(s) at no additional cost to the using Department; all cost should be
included with the unit price of pay item being used.
Expansion Joints
Form '/ inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and
sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932-
1.1 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction and Florida Department of Transportation Design Standard 2013 or most current edition,
approved by Project Manager, and revisions thereto current at the time of contract letting. Construct
expansion joints at all inlets, at all radius points, and at other locations indicated on plans or
by Project Manager and /or designee. Contractor is responsible to insure that the entire depth
of expansion joint is equal to the depth of the concrete segment being replaced. Contractor is
responsible for any expansion joint material that may be required in between sidewalks to be
removed and /or added, to the existing sidewalk elevation(s) at no additional cost to the using
Department; all cost should be included with the unit price of pay item being used.
Contraction Joints
The Contractor may use open type or sawed contraction joints.
Open -Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on
both sides. After the concrete has set sufficiently to preserve the width and shape of the joint, remove
the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having '/2 inch radius.
Sawed Joints
IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 1/
inches deep with a concrete saw after the concrete has set, and within the following periods of time:
3/16 inch Saw cut joints, 1'/2 inch deep at not more than 30 feet intervals within (12 hours)
after finishing.
3/16 inch Saw cut joints, 1'/ inch deep within (96 hours) after finishing, maximum 5 foot
centers.
Placing Concrete
Place the concrete as specified in section 520 -5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Finishing
Screeding: Strike -off the concrete by means of a wood or metal screed, used perpendicular to the
forms, to obtain the required grade and remove surplus water and laitance.
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Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than % inch
under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of
the sidewalk with an edging tool having a radius of '/2 inch. Apply a tine finish by an approved hand
method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse
grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately
'/2 inch center to center.
Curing
Cure the concrete as specified in section 520 -8 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition approved by Project
Manager, and revisions thereto current at the time of contract letting.
Admixture Requirements
Chemical admixtures may be added at the dosage rates recommended by the manufacturer.
Substitution of Materials
Approved material sources may be substituted for similar materials indicated on the originally
approved mix design. Use originally approved mix components and proportions, when unsatisfactory
test results are obtained from the use of the substituted material(s).
PRODUCTION, MIXING AND DELIVERY
Concrete Production Requirements
Deliver concrete from a production facility that is certified by the National Ready -Mixed Concrete
Association (NRMCA) or approved by the District Materials Office and on the Department's approved
plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a
manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the
concrete production facility determines the free moisture for the coarse and fine aggregates. On
concrete placements expected to exceed three hours, perform an additional moisture test
approximately half way through the batching operations and adjust batch Proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production facilities meets the
requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters
and other weighing or measuring devices are checked for accuracy by a qualified representative of a
scale company registered with the Bureau of Weights and Measures of the Florida Department of
Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture
supplier.
Mixers
Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and
uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the
concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed
the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or
container.
Delivery
Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to
the mix and depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements. Make adjustments to mix
consistency at the site of placement only before any concrete from the load is placed. Do not make
adjustments which will cause the allowable slump or maximum specified water cementitious ratio to
be exceeded.
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CONTROL OF QUALITY
Concrete Mix Design
The mandatory use of concrete mix is 3000 PSI with Fiber mesh meeting the FDOT
Construction Standard specification 2013 or most current. All other concrete mixes/ blends
need to follow the FDOT construction standard specification requirement and have prior
approval of the Supervisor of Road Maintenance Contracts and Projects. Before producing any
concrete, submit the proposed mix design to the Supervisor of Road Maintenance Contracts and
Projects on a form with all specifications. Use only concrete mix designs meeting the following
requirements and having prior approval of the Supervisor of Road Maintenance Contracts and
Projects. Maximum water to cementitious materials ratio 0.55 Ibs /Ibs [0.55 kg /kg] Minimum 28 -Day
Compressive Strength 3000 psi [17 MPa] Minimum cementitious Materials Content 470 lbs /yd3 [280
kg /m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be adjusted provided that the theoretical yield
requirement of the approved Mix design is met. Show all required original approved design mix data
and batch adjustments and substituted material on the Department concrete delivery ticket. The
Supervisor of Road Maintenance Contracts and Projects may disqualify any concrete production
facility for non - compliance with Specification requirements.
Sampling and Testing
The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his
discretion to verify its quality.
Certification and Acceptance
Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The
concrete producer may use an alternate form provided that it contains the required information.
Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher
responsible for production of the concrete, certifying that the batch was produced in accordance with
specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the
maximum specified water to cementitious materials ratio was not exceeded due to any jobsite
adjustments to the batch, and that the batch was delivered and placed in accordance with
specification requirements. Concrete acceptance by the Department will be by Certification on the
Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road
Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of concrete
that do not meet specification requirements, or exceeds the allowable slump or water to cementitious
materials ratio. Replace, at no cost to the Department, all concrete that does not meet the 28 -day
compressive strength requirements. At the sole option of the Department, the Supervisor of Road
Maintenance Contracts and Projects may accept concrete at a reduced pay when it is determined that
the concrete may not serve its intended function.
Placing Concrete
Place the concrete as specified in section 520 -5 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting.
CONCRETE GUTTER, CURB ELEMENTS
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction 2013, and revisions thereto
current at the time of contract letting.
Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction 2013,
and revisions thereto current at the time of contract letting.
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Joint Materials
Must meet the requirements of section 932 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting.
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp
or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without
deviation from line and grade. For all items constructed on a radius, use flexible forms.
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them.
Machine Placement
The Contractor may place these items by machine methods with the approval of the Supervisor of
Road Maintenance Contracts and Projects provided that the Contractor consistently produces an
acceptable finished product, true to line, grade, and cross section.
Excavation
Excavate to the required depth, and compact the foundation material upon which these items are to
be placed as specified in section 120 -9 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting. Contractor is responsible for any limerock base/fill material that may be
required to be removed and /or added, for example roots, rock, dirt, ect. to keep consistent with
the existing elevation(s) at no additional cost to the using Department; all cost should be
included with the unit price of pay item being used. This applies only for the removal and
replacement of existing sidewalks.
Placing Concrete
Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the
structure can be floated smooth and the edges rounded to the radius shown.
Contraction Joints
Except for machine placed items, the Contractor may form joints by using dummy joints (either formed
or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they are of
the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete. Leave
templates in place until the concrete has set sufficiently to hold its shape, but remove them while the
forms are still in place. Saw contraction joints, for machine placed items, unless the Supervisor of
Road Maintenance Contracts and Projects approves an alternate method. Saw the joints as soon as
the concrete has hardened to the degree that excessive raveling will not occur and before
uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet except
where closure requires a lesser interval, but do not allow any section to be less than four (4) feet in
length.
Finishing — Repair of Minor Defects
Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects
with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of
Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove
and replace any rejected curb, curb and gutter, or valley gutter without additional compensation.
Final finish
Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road
Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are
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too rough or where other surface defects make additional finishing necessary, the Supervisor of Road
Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface
with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface,
the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub further,
using thin grout or mortar.
Curing — General
Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing after
completely finishing and as soon as the concrete has hardened sufficiently to permit application of the
curing material without marring the surface. Immediately replace any curing material removed or
damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces
exposed by placing a berm of moist earth against them or by any of the methods described below, for
the remainder of the seventy two (72) hour curing period.
Wet Burlap Method
Place burlap, as specified in section 925 -1, of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond each
side to ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap
securely in place such that it will be in continuous contact with the concrete at all times, and do not
allow any earth between the burlap surfaces at laps or between the burlap and the concrete. Saturate
the burlap with water before placing it, and keep it thoroughly wet throughout the curing period.
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in section
925 -2 of the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction 2013, and revisions thereto current at the time of contract letting, by a hand sprayer
meeting the requirements of section 350 -3.10 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013, and revisions thereto current at the time of
contract letting, in a single coat continuous film at a uniform coverage of at least two hundred (200)
square feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the
coating. Thoroughly agitate the curing compound in the drum prior to application, and during
application as necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925 -3 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction 2013, and revisions thereto current at the
time of contract letting, over the entire exposed surface of the concrete, with sufficient extension
beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six (6) inches.
Hold the sheeting securely in place and in continuous contact with the concrete at all times.
Backfilling and Compaction
After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces
in front and back of the curb to required elevation with suitable material (Contractor is responsible
for any limerock baselfill material that may be required to be removed and /or added, to keep
consistent with the existing elevation(s) at no additional cost to the using Department; all cost
should be included with the unit price of pay item being used). Place and thoroughly compact the
material in layers not thicker than six (6) inches.
Surface Requirements
Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the centerline
of the roadway and while the concrete is still plastic. Perform straight edging along the edge of the
gutter adjacent to the pavement or along other lines on the gutter cross - section, as directed by the
Supervisor of Road Maintenance Contracts and Projects. Immediately correct irregularities in excess
of Y4 inch.
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Quality & Final Cleaning Up of Right -of -Way
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Upon completion of the work, and before the Department accepts the work and
makes final payment, remove from the right -of -way and adjacent property all falsework, equipment,
surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner
all property, both public and private, that has been damaged during the prosecution of the work; and
leave the waterways unobstructed and the roadway in a neat and presentable condition throughout
the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or
equipment, on abutting property, with or without the consent of the property owners. All restoration
shall be done within 24 hours after curing is complete and any final inspection. Areas
determined to be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects, shall
be removed and replaced at no additional cost to the Department. Repairs shall be completed prior to
submission of the Contractor's invoice for work accomplished during the cycle. However, the Director
of Road Maintenance's judgment when evaluating completed work shall be final.
Asphalt sidewalk: This consists of Placing Asphalt Surface on OTHER than Roadways (i.e., bike
paths, parking lots, alleyways, paved ditches, etc) Contractor shall list on the bid form the price for
laying asphalt in place, in conformity with the Florida Department of Transportation (FDOT) Standard
Specifications for Road and Bridges Construction and the requirements of the Project Manager for
each particular job. Unit price shall be by ton on resurfacing sidewalk projects and open cut repairs.
Asphalt sidewalk overlay shall include grading back pavement edge, sweeping the surface, providing
the asphalt hot mix, laying the asphalt in place, and rolling the asphalt surface with both a steel wheel
compactor and a rubber- tire roller. All joints must be keyed in. Unit price shall include labor,
equipment, and materials for varying sizes of jobs. Small Jobs Up to 200 Tons.
Contractor is responsible for any limerock base/fill material that may be required to be
removed and /or added, to keep consistent with the existing elevation(s) at no additional cost
to the using Department, all cost should be included with the unit price of pay item being use.
Concrete Grinding
All Grinding shall be as specified in section 352 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction 2013 or most current edition. All concrete areas that
have a misalignment less than or equal to 1.5 inches without any existing cracks on the concrete
pavement slab and /or segment will be ground out to instead of slab replacement. Sidewalks can only
be ground down to a maximum depth of 25% off of the existing thickness.
Alternate Concrete Grinding Methods
Any alternate concrete grinding done by hand or FDOT approved methods will have to be approved
by the Superintendent of Road Maintenance. The contractors shall provide a summary of how work is
to be performed and the opportunity to submit a formal proposal for the alternate grinding method.
The lowest submitted proposal will be awarded subsequent to the county approval process. The
method of payment shall be in square feet.
LIMITATIONS OF OPERATIONS:
Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require
the Contractor to finish a section on which work is in progress before starting work on any additional
section.
Interference with Traffic: At all times conduct the work in such manner and in such sequence as to
ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely
and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place
materials stored along the roadway so as to cause no obstruction to the traveling public as possible.
CONTRACTOR'S SUPERVISION:
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Prosecution of Work: Project will not start until a Notice to Proceed and /or Purchase Order is
provided to the awarded Contractor. Give the work the constant attention necessary to ensure the
scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and
Projects and with other contractors at work in the vicinity.
Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled
progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and /or
his appointed assistant or representative and with other contractors at work in vicinity.
Contractor's Superintendent: Maintain a competent superintendent at the site at all times while
work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent
superintendent capable of properly interpreting the Contract Documents and is thoroughly
experienced in the type of work being performed. Provide a superintendent with the full authority to
receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including
promptly supplying any materials, tools, equipment, labor, and incidentals that may be required.
Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent
who speaks and understands English, and maintain at least one other responsible person who speaks
and understands English, on the project during all working hours.
Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating,
installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has at
least one year of experience directly related to worksite traffic control in a supervisory or responsible
capacity and is certified by the American Traffic Safety Services Association Worksite Traffic
Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate
Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available
on a twenty four (24) hour per day basis, and who reviews the project on a day -to -day basis and
participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all
equipment and materials needed to maintain traffic control and handle traffic related situations.
Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow
minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty
four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the
traffic control plan and any changes to it.
Ensure that the Worksite Traffic Supervisor is available on the site within forty five (45) minutes after
notification of an emergency situation and is prepared to positively respond to repair the work zone
traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance
Contracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply
with the provisions of this Sub article.
ALTERATION OF PLANS OR CHARACTER OF WORK:
General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at
any time prior to or during the progress of the work, such increases or decreases in quantities,
whether a significant change or not, and such alterations in the details of construction, whether a
substantial change or not, including but not limited to alterations in the grade or alignment of the road
or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance
Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of
Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract. In the instance above, the determination by the
Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to
challenge by the Contractor in any forum, except upon the Contractor establishing by clear and
convincing proof that the determination by the Supervisor of Road Maintenance Contracts and
Projects was without any reasonable and good -faith basis.
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Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to
the satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of
Road Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of
whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution,
and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done,
and materials furnished, under or by reason of the Contract. The Director of Road Maintenance will
have the final authority.
Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants:
The Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and
representatives, as he desires. These assistants and representatives are authorized to inspect all
work done and all materials furnished. Such inspection may extend to all or any part of the work and
to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and
representatives are not authorized to revoke, alter, or waive any requirement of these Specifications.
Rather, they are authorized to call to the attention of the Contractor any failure of the work or
materials to meet the Contract Documents, and have the authority to reject materials or suspend the
work until any questions at issue can be referred to and decided by the Supervisor of Road
Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects
will immediately notify the Contractor in writing of any such suspension of the work, stating in detail
the reasons for the suspension. The presence of the inspector or other assistant in no way lessens
the responsibility of the Contractor. The Director of Road Maintenance will have the final
authority.
DEFAULT AND TERMINATION OF CONTRACT:
Determination of Default: The Supervisor of Road Maintenance Contracts and Projects will give
notice, in writing, to the Contractor for any delay, neglect, or default, if the Contractor:
(a) Fails to begin the work under the Contract within the time specified in the Notice to Proceed;
(b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to
ensure prompt completion of the Contract;
(c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew
such work that the Supervisor of Road Maintenance Contracts and Projects rejects as
unacceptable and unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the
Contractor to do so.
(e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any
reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road Maintenance
Contracts and Projects.
If the Contractor, within a period of ten (10) calendar days after receiving the notice described
above, fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road
Maintenance Contracts and Projects will have full power and authority, without violating the Contract,
to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in
default. In the event the Contractor fails to perform any required service within the time schedule
under the contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any
delays or as a result of an Act of Nature.
The Director of Road Maintenance will have the final authority. In the event that the Supervisor
of Road Maintenance Contracts and Projects or his designee, finds the Contractor in default,
Contractor's recovery against the County shall be limited to that portion of the Contract Amount
earned through the date of termination, together with any retainage withheld. The Contractor shall not
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be entitled to any other or further recovery against the County, including, but not limited to, any
damages or any anticipated profit on portions of the services not performed.
Measurement and Payment
Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his
assistant will measure all work completed under the Contract in accordance with the United States
Standard Measures [International System of Units (SI) Measures].
Scope of Payments
Items included in Payment: Accept the compensation as provided in the Contract as full payment for
furnishing all materials and for performing all work contemplated and embraced under the Contract;
also for all loss or damage arising out of the nature of the work or from the action of the elements, or
from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution
of the work until its final acceptance; also for all other costs incurred under the provisions of the
Florida Department of Transportation, Standard Specifications for Road and Bridge Construction 2013
or most current edition approved by Project Manager, and revisions thereto current at the time of
contract letting.
For any item of work contained in the proposal, except as might be specifically provided otherwise in
the basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the
pay item or items the cost of all labor, equipment, materials, tools and incidentals required for the
complete item of work, including all requirements of the Section specifying such item of work, except
as specifically excluded from such payments.
Withholding Payment for Defective Work: If the Department discovers any defective work or
material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity
of any part of the completed work prior to final acceptance, then the Department will not allow
payment for such defective or questioned work until the Contractor has remedied the defect and
removed any causes of doubt.
Control of Work
The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality
and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road Maintenance
Contracts and Projects, shall be removed and replaced at no additional cost to the Department.
Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement or structures,
mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of
the Supervisor of Road Maintenance Contracts and Projects at no additional cost to the Department.
Repairs shall be completed prior to submission of the Contractor's invoice for work accomplished.
Basis of Payment
Payment shall be full compensation for furnishing all equipment, materials, labor, disposal, and
incidentals necessary to complete all specified operations.
Beginning Work: Notify the Supervisor of Road Maintenance Contracts and Projects not less than
five (5) days in advance of the planned start day of work. Upon the receipt of such notice, the
Supervisor of Road Maintenance Contracts and Projects may give the Contractor Notice to Proceed
and may designate the point or points to start the work. In the Notice to Proceed, the Supervisor of
Road Maintenance Contracts and Projects may waive the five (5) day advance notice and authorize
the Contractor to begin immediately. Notify the Supervisor of Road Maintenance Contracts and
Projects in writing at least two (2) days in advance of the starting date of important features of the
work. Do not commence work under the Contract until after the Supervisor of Road Maintenance
Contracts and Projects has issued the Notice to Proceed. The Supervisor of Road Maintenance
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Contracts and Projects will issue the Notice to Proceed within thirty (30) days after execution of the
Contract.
Compliance with Time Requirements: Commence work in accordance with the approved working
schedule and provide sufficient labor, materials and equipment to complete the work within the time
limit(s) set forth in the proposal. All sidewalk deficiency issued to the contractor shall have 30
days to complete the work, from the date of the NTP or sooner if possible. Should the Contractor
fail to furnish sufficient and suitable equipment, forces, and materials, as necessary to prosecute the
work in accordance with the required schedule, the Supervisor of Road Maintenance Contracts and
Projects may withhold all estimates that are, or may become due, or suspend the work until the
Contractor corrects such deficiencies. A deduction of ten percent (10 %) will be deducted from
invoices for non - compliance with the NTP time frames.
Pre - construction Conference: Immediately after awarding the Contract but before the contractor
begins work; the Supervisor of Road Maintenance Contracts and Projects will call a pre- construction
conference at a place the Supervisor of Road Maintenance Contracts and Projects designates to go
over the construction aspects of the project. Attend this meeting, along with the Department and the
various utility companies that may be involved with the repair. This meeting will be mandatory.
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.after County
Adnronisb-,aWe Services Division
Purchasing
Attachment 1: Vendor Submittal - Vendor's Non - Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: 12 -5974 — Concrete: Road, Sidewalk, Curb and Floor install and repairs
❑ Services requested not available through our company.
❑ Our firm could not meet specifications /scope of work.
❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name:
Address:
City, State, Zip:
Telephone Number:
FAX Number:
Signature / Title:
Type Name of Signature:
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Gofer Carty
Adr1rm Services Division
Purchasing
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
Solicitation: 12 -5974R — Concrete: Road, Sidewalk, Curb and Floor install and
repairs
Opening Date: 04/25/2013, 3:OOPM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
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CoMer county
Adn inisratvre SeMms DMsion
Purchasing
Attachment 3: Bid Response Form
From:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
6/11/2013 11.C.
RE: Solicitation: 12 -5974R — Concrete: Road, Sidewalk, Curb and Floor install and repairs
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
Total for Concrete Installation and Repair (LS) $
Alternate Item Total $
Material Markup ( %)
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net _ Days
® Bid Response Form is electronic. Please input your prices online.
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Purchasing Director for approval
within fifteen (15) days after being notified of an award.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
,20 in the County of , in the State of
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Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
Telephone Number
FAX Number
Signature / Title
Type Name of Signature
Date
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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ca' -r- county
Adrnimslr� Services DIVI-ton
Purchasing
Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit
Solicitation: 12 -5974R — Concrete: Road, Sidewalk, Curb and Floor install and repairs
(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;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located
within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office
Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition
to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic
development and well -being of either Collier or Lee County in a verifiable and measurable way. This may
include, but not be limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and principals of the business
within Collier or Lee County. 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.
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:
Address in Collier or Lee County:
Signature:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Date:
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)
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Colter Couvi ty
AdniSisbaave serviom Division
Purchasing
Attachment 5: Vendor Submittal — Immigration Affidavit
Solicitation: 12 -5974R — Concrete: Road, Sidewalk, Curb and Floor install and repairs
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 as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
#12 -5974R 36
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Repair
Packet Page -463-
6/11/2013 11.C.
co"�,- cagy
AdrrinisUative services oMSion
Purchasing
Attachment 6: Vendor Substitute W — 9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County (including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address
State
Telephone FAX
Order Informatioi
Address
City
FAX
Email
State
Zip
2. Company Status (check only one)
City
Zip
Email
Remit / Payment Information
Address
City State
FAX
Email
Zip
_Individual / Sole Proprietor
_Corporation
_Partnership
_Tax Exempt (Federal income tax - exempt entity
_ Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3)
Enter the tax classification
(D = Disregarded Entity, C = Corporation, P = Partnership)
3. Taxpayer Identification Number (for tax reporting purposes only)
Federal Tax Identification Number (TIN)
;Vendors who do not have a TIN, will be required to provide asocial 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
#12 -5974R
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Repair
Packet Page -464-
37
6/11/2013 11.C.
Go er County
AdnriNsbabve Service's Di++ision
Purchasing
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance / Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation
Statutory Limits and Requirements
2. ® Employer's Liability
$1,000,000 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
ContractorNendor /Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor /Consultant or anyone
employed or utilized 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. X Automobile Liability
$ 1.000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned /Non- owned /Hired; Automobile Included
5. ❑ Other insurance as
❑ Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑ Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
#12 -5974R 38
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Re
Packet Page -465-
6/11/2013 11.C.
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A -" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® 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
Date
Telephone
#12 -5974R 39
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Re
Packet Page -466-
6/11/2013 11.C.
Attachement 9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION OF DISBURSEMENT OF PREVIOUS PERIODIC PAYMENT TO
SUBCONTRACTORS
(As required by Florida Transportation Code, Section 337.11, Subsection (10)(a), F.S.)
FIN PROJ. ID
TO RELEASE MONTHLY PAYMENT FOR:
DATE
CONTRACT #
,prime contractor
for the above referenced contract, hereby certifies that all subcontractors, except for those noted
below, having interest in this contract have received their pro rata share of all previous periodic
payments made to date by the Department for all work, materials and equipment furnished under
the contract. The term "subcontractor ", as used herein, shall also include persons or firms
furnishing materials, services or equipment incorporated into the work or stockpiled in the vicinity
of the project for which partial payment has been made by the Department and work done under
equipment - rental agreements.
EXCEPTION:
The following subcontractors have not been paid and a copy of the notification sent to each,
explaining the good cause why payment has not been made, is attached to this form:
State of Florida
Subcontractor name
Subcontractor name
Street Address Street Address
City, State, Zip
County of
Sworn to and subscribed before me this
Contractor
of , by
(Print name of person signing Cerfificafion)
Notary Public
day
#12 -5974R
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Re
Packet Page -467-
City, State, Zip
Title
40
6/11/2013 11.C.
Commission Expires
Personally Known _ OR Produced Identification
Type of Identification Produced
Instructions:
1. Attach a copy of the notification good cause sent to each applicable subcontractor.
2. List the subcontractors previously listed which have not been paid the proportionate share of payments
received by the contractor and the date listed as exception.
3. List the subcontractors previously listed which have been paid the proportionate share of payments
received by the contractor and the date listed as exception.
4. A separate certification is required for each contract.
5. To be signed by principal of the firm or someone with the delegated authority and notarized.
6. To avoid delay in payment, certification must be submitted to the Project Engineer no later than the
Friday before the monthly estimate cutoff date (generally the 3`d Sunday of the month).
#12 -5974R 41
ITB Concrete Road, Sidewalk, Curbs and Floor Install and Re
Packet Page -468-
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