Agenda 03/22/2011 Item # 9A
3/22/2011 Item 9.A.
r.~AIi I 'I 2011
MEMORANDUM
DATE: March 11,2011
TO: Leo Ochs, County Manager
FROM: Commissioner Tom Henning, District 3
SUBJECT: RPF # 10-5450 - Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway
Installations
The above captioned item was heard at the March 8, 2011 Board of County Commissioners
meeting, item #100. Please accept this memorandum as my official request to bring this item back
to the Board of County Commissioners for reconsideration at your earliest convenience.
Please find attached the subsequent backup documents regarding reconsideration of this item; I am
asking to please include these documents when bringing this item back at both hearings.
If you have any questions, please feel free to contact me.
~k
Tom Henning
Commissioner, District 3
.-.
TH: ep
Attachments.
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Advisory Legal Opinion - Counties, payment of invalid contract balance
3/22/2011 Item 9.A.
Florida Attorney General
Advisory Legal Opinion
Number: AGO 78-130
Date: November 3,1978
Subject: Counties, payment of invalid contract balance
William A. Wilkes
Clay County Attorney
Green Cove Springs
QUESTION:
Is the Clay County Board of County Commissioners authorized or
required by law to expend county funds under a contract of the type
and made under the circumstances outlined in the Statement of Facts?
SUMMARY:
Based on facts set forth by the Clay County Attorney, the Clay
County Bicentennial Steering Committee had no statutory authority to
enter into a binding contract for or on behalf of Clay County for
the publication of a book containing the history of Clay County, and
the resulting contract is therefore invalid and unenforceable
against the county. However, the county appears to have had
statutory authority to make such a contract in the first instance,
and it could also have lawfully employed a quasi-public entity such
as the Bicentennial Steering Committee, a nonprofit corporation, to
carry out a public purpose authorized by law. Possessing such
statutory authority in the first instance, as well as the authority
to publish its historical book, the copyright on which was owned and
held by the county, the county commission in the exercise of its
sound discretion and judgment may now ratify the publication
contract and the publication of the historical books and, upon due
ratification thereof, pay from county funds the unpaid balance of
the publication costs remaining outstanding on the original
publication contract.
STATEMENT OF FACTS:
A contract for the publication of a book containing the history of
Clay County was entered into by the 'Clay County Bicentennial
Steering Committee,' which was organized as a nonprofit corporation
under the laws of Florida but is now dissolved. The Clay County
Board of County Commissioners by motion or resolution 'officially
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Advisory Legal Opinion - Counties, payment of invalid contract balance
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named' the committee 'as the official county body to carry out
Bicentennial functions in the county' without specifying the nature
of those 'functions' and without purporting to confer any powers on
the committee. In addition, the board owned and held the copyright
to the manuscript of a book containing the history of Clay County
and 'authorized' the committee to use same 'without assuming any
financial obligation for the publication.' Of the books printed or
published under the committee's contract for publication, one-half
have been sold and the remainder given into the physical custody of
the clerk of the circuit court (for lack of other storage space). It
appears that approximately $5,000 remains unpaid on the publishing
contract.
In reply to your question, the powers and duties of county officers,
including those pertaining to contracts, must be fixed by law.
Section 5(c), Art, II, State Const. See also AGO 078-95, and cE. AGO
078-77. The committee in question was not established or provided
for by any statute. As the committee was created by motion or
resolution of the Clay County Board of County Commissioners, it was
simply an advisory body and had no legal or official status. See
Crandon v. Hazlett, 26 So,2d 638, 642 (Fla. 1946), in which the
court stated:
It is true that Section 5 of Article 8 of the Constitution
provides that the powers and duties of County Commissioners
shall be prescribed by law. They have no powers other than those
expressly vested in them by statute, or that must be necessarily
implied to carry into effect the powers thus expressly vested,
and we have frequently held that their governmental powers
cannot be delegated. While the County Commissioners may
voluntarily appoint advisory committees, such as a welfare
Committee and a Chairman thereof, to aid them in some advisory
capacity, such as to gather information for the Commissioners
and offer them their advice with reference thereto, the County
Commissioners are not expressly compelled or authorized by law
to appoint such a committee as the Welfare Committee, and
therefore such a committee and its chairman have no legal or
official status . (Emphasis supplied.)
The governing body of the county could not lawfully delegate to the
committee any governmental power, including the power to contract
for the county or to make the contract which is the subject of your
inquiry, without statutory authority. See AGO's 078-95, 078-77, and
078-68, and the authorities cited therein; Crandon v. Hazlett,
Supra; cE. Pinellas County v. Jasmine Plaza, Inc., 334 So.2d 639 (2
D.C.A. Fla., 1976); Flesch v. Metropolitan Dade County, 240 So.2d
504 (3 D.C.A. Fla., 1970); Barrow v. Holland, 125 So.2d 749 (Fla.
1960); Florida Dry Cleaning and Laundry Board v. Economy Cash &
Carry Cleaners, Inc., 197 So. 550 (Fla. 1940). In the absence of
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such statutory authority, the contract for publication of the
historical books in question is invalid and unenforceable in an
action on the contract as against the county, and the county is not
required to expend any funds in payment of the contract.
However, the county could have lawfully employed a nonprofit
corporation, such as the committee in question (if a quasi-public
agency or entity, as it apparently was) to carry out a public
purpose, such as county participation in the national and state
bicentennial program. See s. 13.9972(2), F. S. 1975, repealed
effective December 31, 1977 (repealed after execution of the
contract in question), and cE. s. 286.24, F. S., which included
among the duties of the Bicentennial Commission of Florida those of
planning a statewide bicentennial commemoration program, 'including
participation by all. . counties,' and of 'coordinating all such
plans with any program which may be developed by local governments
or other recognized organizations,' but also providing that 'the
position of the commission shall be advisory only and not managerial
in relation to local observances.' The county could also have
employed the committee for the purposes designated in s. 125.01(1)
(f), F. S., read in light of limplied powers and liberal
construction provisions in s. 125.01(3). Section 125.01(1) (f)
authorizes a county to:
Provide parks, preserves, playgrounds, recreation areas,
libraries, museums, historical commissions, and other recreation
and cultural facilities and programs.
Section 125.01(3) (a), F. S., provides:
(a) No enumeration of powers herein shall be deemed exclusive or
restrictive, but shall be deemed to incorporate all implied
powers necessary or incident to carrying out such enumerated
powers, including, specifically, authority to employ personnel,
expend funds, enter into contractual obligations, and purchase
or lease and sell or exchange real or personal property.
And s. 125.01(3) (b) provides that the 'provisions of this section
shall be liberally construed in order to effectively carry out the
purpose of this section.' The county could have contributed county
funds or property to such a quasi-public entity for public purposes
as described in s. 125.01(1) (f), or the board of county
commissioners could have itself directly entered into a contract of
the type in question for such public purposes and distributed the
historical books to organizations such as the county historical
commission, public libraries, etc., and to the public for a
reasonable charge to recover costs of publication. See, for example,
O'Malley v. Florida Insurance Guaranty Association, 257 So.2d 9
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Advisory Legal Opinion - Counties, payment of invalid contract balance
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(Fla. 1971); Burton v. Dade County, 166 So.2d 445 (Fla. 1964);
Florida Power Corporation v. Pinellas Utility Board, 40 So.2d 350
(Fla. 1949); and cf. O'Neill v. Burns, 198 So.2d 1 (Fla. 1967).
In 20 C.J.S. Counties s. 194, p. 1030, it is stated:
Contracts made on behalf of a county, and within the general
powers of the county to make, but made in an irregular manner or
by agents without the requisite authority, may be ratified by
such county through the agents who would have been authorized in
the first place to make such contract, provided some official
action by the proper authorities is taken with reference to the
particular matter in question. If the ratification be express it
must have the essentials required for an original authorization,
that is, it must be made by the proper authorities in the same
capacity in which they were required to act in making the
contract in the first instance, and with full knowledge of the
existence and nature of the contract in question, and in the
manner required by law. (Emphasis supplied.)
That section also cautions, however, that:
It is also essential that the contract be of such a nature that
the body assuming to ratify it would have had the power to make
it in the first instance; a contract wholly unauthorized and
void cannot be ratified.
While the payment of money on an invalid contract does not by itself
constitute a ratification of the contract, the board of county
commissioners may in a proper case, and where its authority to make
the contract existed as it did here, ratify a contract made in
behalf of the county by agents lacking the requisite statutory
authority. See AGO 078-95; cf. Ramsey v. City of Kissimmee, 149 So.
553 (Fla. 1933). Thus, possessing such statutory authority in the
first instance, as well as the authority to publish its historical
book, the copyright on which was owned and held by the county, the
board of county commissioners, in its discretion, may now ratify the
book's publication and upon proper ratification thereof pay from
county funds the unpaid balance of the publication costs.
Prepared by:
Jerald S. Price
Assistant Attorney General
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3/22/2011 Item 9.A.
125.74County administrator; powers and duties.-
(1 )The administrator may be responsible for the administration of all departments responsible to
the board of county commissioners and for the proper administration of all affairs under the
jurisdiction of the board. To that end, the administrator may, by way of enumeration and not by
way of limitation, have the following specific powers and duties to:
(a)Administer and carry out the directives and policies of the board of county commissioners and
enforce all orders, resolutions, ordinances, and regulations of the board to assure that they are
faithfully executed.
(b)Report to the board on action taken pursuant to any directive or policy within the time set by
the board and provide an annual report to the board on the state of the county, the work of the
previous year, and any recommendations as to actions or programs the administrator deems
necessary for the improvement of the county and the welfare of its residents.
(c)provide the board, or individual members thereof, upon request, with data or information
concerning county government and to provide advice and recommendations on county government
operations to the board.
(d)Prepare and submit to the board of county commissioners for its consideration and adoption an
annual operating budget, a capital budget, and a capital program.
(e)Establish the schedules and procedures to be followed by all county departments, offices, and
agencies in connection with the budget and supervise and administer all phases of the budgetary
process.
(f)Prepare and submit to the board after the end of each fiscal year a complete report on the
finances and administrative activities of the county for the preceding year and submit his or her
recommendations.
(g)Supervise the care and custody of all county property.
(h )Recommend to the board a current position classification and pay plan for all positions in
county service.
(i)Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing
procedures.
(j)Organize the work of county departments, subject to an administrative code developed by the
administrator and adopted by the board, and review the departments, administration, and operation
of the county and make recommendations pertaining thereto for reorganization by the board.
(k)Select, employ, and supervise all personnel and fill all vacancies, positions, or employment
under the jurisdiction of the board. However, the employment of all department heads shall require
confirmation by the board of county commissioners.
(I)Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to
procedures adopted by the board.
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3/22/2011 Item 9.A.
(m)Ne~otiate leases. contracts. and other a~reements. includin~ consultant services. for the
countv. subiect to approval of the board. and make recommendations concernin~ the nature and
location of countv improvements.
(n)See that all terms and conditions in all leases, contracts, and agreements are performed and
notify the board of any noted violation thereof.
(o)Order, upon advising the board, any agency under the administrator's jurisdiction as specified
in the administrative code to undertake any task for any other agency on a temporary basis if he or
she deems it necessary for the proper and efficient administration of the county government to do
so.
(p)Attend all meetings of the board with authority to participate in the discussion of any matter.
(q)perform such other duties as may be required by the board of county commissioners.
(2)lt is the intent of the Legislature to grant to the county administrator only those powers and
duties which are administrative or ministerial in nature and not to delegate any governmental power
imbued in the board of county commissioners as the governing body of the county pursuant to s.
1 (e), Art. VIII of the State Constitution. To that end, the above specifically enumerated powers are
to be construed as administrative in nature, and in any exercise of governmental power the
administrator shall only be performing the duty of advising the board of county commissioners in its
role as the policy'setting governing body of the county.
History.~s. 1, ch. 74.193; s. 822, ch. 95.147.
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3/22/2011 Item 9.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A.
Item Summary: Request for reconsideration of Item 10D from the March 8, 2011 BCC
meeting regarding RFP#10-5450-Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway
Installations. (Commissioner Henning)
Meeting Date: 3/22/2011
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
3/14/2011 10:56:4] AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
3/14/2011 10:56:43 AM
Approved By
Name: SheftieldMichael
Title: Manager-Business Operations, CMO
Date: 3/14/2011 12:40:23 PM
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3/22/2011 Item 9.A.
EXECUTIVE SUMMARY
Recommendation to approve the award of RFP #10-5450 "Asphalt Roadway, Concrete, Curb,
Sidewalk and Driveway Installations" to multiple firms for an estimated annual amount of
$2,000,000.
OBJECTIVE: To provide contracts for use by multiple departments to repair and replace emergency and
safety related roadway and sidewalk projects.
CONSIDERATIONS: Request for Proposal (RFP) 10.5450 "Asphalt Roadway, Concrete, Curb,
Sidewalk and Driveway Installations" was developed by staff to consolidate and replaee three expiring
contracts for concrete and asphalt paving services. Purchasing staff met with department personnel from
Road and Bridge, Transportation Engineering, Facilities Management and Public Utilities to diseuss
sidewalk and roadway repair projects and the high need for timeliness, safety and quality in the execution
of these projects,
Typically, sidewalk, road and other miseellaneous asphalt and concrete repair projects occur as a result of
a safety issue being identified by a County staff member or the public who has a experienced a problem
(e,g. sidewalk cracks as a result of tree roots or other damagcs: roadway repairs due to utility work;
concrete repairs needed in the jail due to extreme temperature eontraetion and expansion of eoncrete),
Onee identified, timeliness to correct the repair is paramount to avoid future problems,
The departments using these contracts have varying needs in the way work is procured and how and when
it is performed often during low pedestrian and vehicle traffic periods, Road and Bridge bundles multiple
projeets for minor sidewalk repairs and obtains a lump sum price. Transportation Engineering projects
are more complex with specifically developed plans, specifications and line items whieh require specific
expertise (e,g" pipe work, maintenanee of Traffic and FDOT requirements), Facilities' projects are
generally small and require immediate response due to high foot traffie and the public's safety, The
resultant solicitation was developed to manage all these projects in the safest and most efficient and eost
effeetive manner,
Due to the diverse nature of the repairs, the expediency required to conduct these repairs due to the
publie's safety, and the potential for unusual work conditions (i,e, after business hours, in high traffic
areas, etc,), staff selected the Request for Competitive Proposals process pursuant to the Board's
Purchasing Policy, Section VlII A I and 2 as price should not be the determining factor in the selection of
vendors or the distribution of work:
. "Where qualitative considerations arc of equal or greater concern than pricing considerations."
. "Where the conditions of the purchase do not lend thcmselves to the formal sealed bid process or
the award of a firm, fixed fee contract"
County staff determined that a solicitation based on price alone was not sufficient for these types of
repairs and that a request for proposal with "quality based" criteria was needed, The "quality based"
criteria included: eredentials and previous performance (30 points), cost (15 points), subeontracting (20
points), corporate experience and workload (15 points), references (10 points) and local vendor
preference (10 points),
This best value approaeh was selccted with the following conditions in mind:
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. Historically, the County issued approximately 140 purchase orders (since June 2007) for this type
of work. More than 87% of the number of orders was less than $50,000; more than 39% of those
same orders being less than $3,000,
. The distribution of work since June 2007 has been issued to:
o For jobs less than $3,000: four (4) different vendors
o For jobs $3,000 - 10,000: five (5) different vendors
o For jobs $10,000 - 25,000: five (5) different vendors
o For jobs $25,000 - 50,000: three (3) different vendors
o For jobs $50,000 - 100,000: five (5) different vendors
o For jobs $100,000 - 200,000: three (3) different vendors
o For jobs $200,000 and above: two different vendors
. In order to ensure ethical practices and financial integrity, there are five levels of segregation of
responsibility (checks and balances) prior to every purchase conducted between the County's
project manager and the vendor, including:
1. Project manager requests work,
2. Fiscal clerk enters request for work (conducts preliminary internal policy review),
3. Departmental approver (designated by the Division Administrator) approves request for
work (conducts internal departmental policy and budget review),
4, Purchasing staff review request for adherence to Board policy and issues purchase order
to proceed, and
5. Finance staff pre-audit transaction prior to payment.
The RFP solicitation was posted on November 29, 2010 with a scope of service that includes asphalt and
concrete roadway, curbing, sidewalk, parking lot, driveway and miscellaneous other repair and
installation projects. Notices were sent to more than 1,500 vendors and 77 packages were requested,
Seven proposals were received on December 12, 2010. The proposals were publicly reviewed and ranked
by a five member Selection Committee, The ranking is as follows:
1. Bonness, Inc.
2, Quality Enterprises USA, Inc,
3. Mitchell & Stark Construction Company, Inc,
4. Wright Construction Group, Inc,
5. BQ Concrete, LLC
6. Better Roads, Inc,
7. NR Contractors, Inc,
Based upon staff review, the committee recommends awarding contracts to the five (5) highest ranked
contractors: Bonness, Quality Enterprises, Mitchell & Stark, Wright Construction and BQ Concrete,
This solicitation consolidated several contracts utilized by multiple departments, and it was detennined
that award to five vendors (in no specific order) would be sufficient to cover the workload,
Firms were selected based on the ability to provide a broad range of specialties including minor
emergency repairs that can be completed in an efficient manner, to larger more involved roadway
improvements that require experienced staff in maintenance of traffic (MOT) and capable of following
Florida Department of Transportation (FOOT) specifications, To meet these multiple department needs,
the contracts awarded can be paid either by lump sum or fixed line items. For the purpose of the RFP
evaluation process, attached is a Summary of Hourly Rates provided by the five recommended awarded
vendors - from lowest to highest, the prices did not exceed 10%,
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Projects that require perfonnance/payment bonds, those that exceed $200,000.00, will be procured
through the use of formal work orders and will be brought to the Board of County Commissioners prior to
execution of the work,
The standard Board construction agreement is attached with the following modification made from the
solicitation document:
The procedure to be followed will be determined by the value of the project detennined by the
project manager and as outlined below:
Procedures for proiects with a value less than $3.000 are as follows:
. The project manager shall receive a quote (verbal or written),
Procedures for proiects with..a value greater than $3.000 and less than $50.000 is as follows:
. The project manager shall receive a written quote from at least one (I) of the selected
firms on contract. The written quote mav be obtained electronically via the On-Line
Bidding System, email or written communication, Completion time shall be specified in
the quotation,
Procedures for proiects with a value greater than $50.000 and up to $100.000 are as follows:
. Written quotations shall be solicited from at least three (3) of the selected finns, The
written quote may be obtained electronically via the On-Line Bidding System, email or
written communication, Completion time shall be specified in the quotation.
. Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
. Owner may negotiate terms and conditions.
. Issuance by Owner of a numbered Purchase Order - and modifications to the purchase
order will be per purchasing policy,
. Certification of Final Completion required by County in order for contractor to receive
final paymcnt.
Procedures for proiects with a value $100.000 to $200.000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected finns. Tbese
quotes may be obtained electronically via thc On.Line Bidding System, email or written
communication, Completion time and tbe collection of liquidated damages may be
specified in the quotation. A Performance Bond may also be required,
. Contractor shall respond witb tbe infonnation and/or proposal sought within seven (7)
business days,
. Owner may negotiate terms and conditions,
. Issuance by Owner of a numbered Work Order - and modifications to the work order will
be per purchasing policy,
. Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Proiects with a Value of$200.001 to $750.000 (annually, Collier County generally
bas between four - six projects with an estimated value between $200,001 and $750,000):
To fulfill Florida Statute 255,0525 for advertising competitive solicitations in this dollar range, a
notice of this solicitation was advertised in tbe local newspaper at tbetime solicitation #10-5450
was available for public posting, Projects identified during the term of this resultant agreement
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3/22/2011 Item 9.A.
are forecasted in the Collier County's 2030 Long Range Transportation Plan, A copy of this plan
may be found at www.colliergov.netllndex.aspx?page=577.This financial plan outlines the long
range goals, objectives and requirements to maintain the County's transportation system, In
addition to the long range plan, the County has identified a number of more specific projects that
may be included as a result of the resultant agreement if funding resources are available.
FISCAL IMPACT: The funding for each project under the approved contract will come from each
using Department.
LEGAL CONSIDERATIONS: The selection and award of this Request for Proposal (RFP) is
consistent with Collier County Purchasing Policy, Section VIII, Competitive Proposals, and the Sealed
Proposals procedure set forth in Section 11 CA of the Collier County Procurement Procedures; which
allow awards to the best overall proposer(s) meeting the minimum published requirements of the RFP.
Those sections authorize the procurement procedure utilized where qualitative considerations are of equal
or greater concern than pricing in hiring a contractor(s). The recommended contractors can be utilized to
obtain quotes to perform emergency and safety rclated roadway and sidewalk projects by staff, as
necessary, consistent with the Purchasing Policy and the limitations expressly specified in the
Considerations section of this Executive Summary, This item has been reviewed and approved by the
County Attorney's Office, is legally sufficient for Board action and only requires a majority vote----SRT.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
RECOMMENDATION: That the Board of County Commissioners awards RFP 10.5450 "Asphalt
Roadway, Concrete, Curb, Sidewalk and Driveway Installations" to Bonness, Quality Enterprises,
Mitchell & Stark, Wright Construction and BQ Concrete; and authorizes the Board's Chairman to sign
the attached contracts after execution by the contractors and County Attorney review.
Prepared By: Brenda Brilhart, Purchasing Agent, Administrative Services
Attachments: Committee Final Ranking
Summary of Fees
Contracts
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3/22/2011 Item 9.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.0.
Item Summary: Recommend approval of the award of RFP #10-5450 "Asphalt Roadway,
Concrete, Curb, Sidewalk and Driveway Installations" to multiple firms for an estimated annual
amount of $2,000,000.
Meeting Date: 3/8/2011
Prepared By
Name: BrilhartBrenda
Title: Purchasing Agent,Purchasing & General Services
2/24/2011 2:38:26 PM
Approved By
Name: SmithKristen
Title: Administrative Sccretary,Risk Management
Date: 2/24/20 II 3: 19:48 PM
Name: CamellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 2/24/2011 4:26:49 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 2/24/2011 4:55:31 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 2/25/2011 7:55:18 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/25120 II II :29:05 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Office of Managcment & Budget
Date: 2/28/20 II 9: 15: 18 AM
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3/22/2011 Item 9.A.
Name: OchsLeo
Title: County Manager
Date: 2/28/2011 10: 11:48 AM
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3/22/2011 Item 9.A.
REQUEST FOR PROPOSAL
Colrer County
---- -
Administrative Services Dillision
~ur::ha sing
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
RFP 10-5450
"Asphalt Roadway, Concrete, Curb, Sidewalk and
Driveway Installations"
Brenda Bri/harl, Purchasing Agent
brendabrilhart@colliergov.net, Email Address
(239) 252-8446, Telephone Number
(239) 252-6697, FAX Number
This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document
made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any
other legal remedies available to the Collier County Government.
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o
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3/22/2011 Item 9.A.
Table of Contents
Section Page
Legal Notice................... .................................................................... 3
Exhibit I: Scope of Work, Specifications and Response Format................ 4
Exhibit II: General RFP Instructions...................................................... 10
Exhibit III: Collier County Purchase Order Terms and Conditions.............. 13
Exhibit IV: Additional Terms and Conditions for RFP............................... 16
Attachment 1: Vendor Checklist............................................................ 23
Attachment 2: Vendor's Non-Response Statement................................... 24
Attachment 3: Conflict of Interest Affidavit............................................. 25
Attachment 4: Vendor Declaration Form.................................................. 26
Attachment 5: Immigration Affidavit Certification..................................... 28
Attachment 6: Affidavit for Claiming Status as a Local Business ............... 29
Attachment 7: Insurance Requirements.................................................. 30
Exhibit A - Scope of Services
Exhibit B - Specifications
Hammerhead Concept Design (provided in separate file)
Exhibit C - List of Potential Projects
Exhibit D - Performance & Payment Bonds
RFP 10.5450
2
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3/22/2011 Item 9.A.
eolrer County
...........-... -
Admmistralive Services Division
Purchasing
Legal Notice
Sealed Proposals to provide Roadway Projects will be received until 3:00 p.m., Naples local time,
on December 20, 2010 at the Purchasing Department, Purchasing Building "G", Collier County
Government Complex, 3327 Tamiami Trail East, Naples, Florida 34112,
RFP # 10-5450
"Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations"
Collier County is seeking the services of qualified roadway, concrete and paving companies to supply,
deliver, create, and install asphalt, concrete, cement paving and other related materials to various
sites within Collier County,
A pre'proposal conference will not be held for this solicitation, All statements shall be made upon
the official proposal form which may be obtained on the Collier County Purchasing Department E-
Procurement website: www.collierqovnet/bid
Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability
or marital status,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
BY: ISI Stephen y, Carnell. CP,M,
Purchasing & General Services Director
This Public Notice was posted on the Collier County Purchasing Department website:
www.collierqov.netlpurchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on November 29, 2010,
PUr::J1JSng [i.-~Dartrre1t. 3Y}1 Tar"i31Ti' Tr;;J:1 E:::3: . '~;:;;:Ji(;,s F-',:;r::i3 :;.:; ~12 . w.w:.colliergo\_net'purc:r,asing
G)
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Exhibit I
Scope of Work, Specifications and Response Format
As requested by the Collier County Road and Bridge Department (hereinafter, the "Division or
Department"), the Collier County Board of County Commissioners Purchasing Department
(hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of
obtaining proposals from interested and qualified firms in accordance with the terms, conditions and
specifications stated or attached,
The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work
stated herein,
Brief Description of Purchase:
Collier County is seeking the services of qualified roadway, asphalt, concrete and paving companies
to supply, deliver, create, and install concrete, cement paving and other related materials to various
sites within Collier County; including, but not limited to, to the following: roadways, turn lanes, formed
curbing, ale pads, building pads, sidewalks, footers, block walls, ornamental concrete coatings, tie
beams, concrete repair, pool decks, patios, driveways, slabs, continuous curbing, clearing and
preparation of site, concrete pumping, columns, keystone-stucco coatings and pavers, asphalt drives
and parking areas as well as any and all related walkway or driving surfaces or materials necessary,
Scope may also include finishing of parking and driveway areas with painting, parking stops or other
necessary features to complete driveway or parking areas,
Detailed Scope of Work - See Exhibit A
The procedure to be followed will be determined by the value of the project. The procedures
for projects are outlined below:
Procedures for projects with a value UP to $100,000 are as follows:
. Written quotations shall be solicited from one (1) of the selected firms, The written
quote may be obtained electronically via the On-Line Bidding System, email or written
communication, Completion time shall be specified in the Quotation,
. Contractor shall respond with the information andlor proposal sought within seven (7)
business days.
. Owner may negotiate terms and conditions,
. Issuance by Owner of a numbered Purchase Order,
. Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for projects with a value $100.000 to $200,000 are as follows:
. Written quotations shall be solicited from at least three (3) of the selected firms. These
quotes may be obtained electronically via the On-Line Bidding System, email or written
communication. Completion time and the collection of liquidated damages may be
specified in the Quotation, A Performance Bond may also be required,
. Contractor shall respond with the information andlor proposal sought within seven (7)
business days,
. Owner may negotiate terms and conditions,
. Issuance by Owner of a numbered Work Order,
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. Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Proiects with a Value of $200,001 to $750,000 (annually, Collier County
generally has between four - six projects with an estimated value between $200,001 and
$750,000):
To fulfill Florida Statue 255.0525 for advertising competitive bids in this dollar range, a notice
of this solicitation was advertised in the local newspaper at the time solicitation #10-5450 was
available for public posting, Projects identified during the term of this resultant agreement
are forecasted in the Collier County's 2030 Long Range Transportation Plan, A copy of this
plan can be found on wwwcollierQovnet/lndexaspx?paQe=577. This financial plan outlines
the long range goals, objectives and requirements to maintain the County's transportation
system, In addition to the long range plan, the County has identified a number of more
specific projects that mav be included as a result of the resultant agreement if funding
resources are available, Those projects may include:
See Exhibit C for the potential project list.
For projects with an estimated value between $200,001 and $750,000, the following quotation
process will be used:
. A "quotation process" shall occur among all contractors currently holding a contract for
10-5450. Specific project requirements, completion time the collection of liquidated
damages, and performance bond requirement if necessary, may be specified in the
"quotation," A Performance Bond may also be required,
. If the project is identified in Master Plan or project list attached (see Exhibit C), the
awarded contractors shall respond with their quoted proposals within seven (7)
business days of notification of the project. If the project is not identified in the Master
Plan or the project list, the County shall advertise the project as identified in Florida
Statute 225,0525,
. The County may negotiate terms and conditions on a project by project basis,
. If a Performance Bond is required, Contractor shall provide within seven (7) business
days after notification of award,
. The contractor may not commence work until the County has issued a numbered Work
Order; the County Attorney and Board of County Commissioners approval is required
prior to commencement of the work order,
. Certification of Final Completion is required by County in order for contractor to receive
final payment.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor shall be prohibited from participating in the quoting process for six
months and possible contract termination,
Projected Timetable
The following projected timetable should be used as a working guide for planning purposes only,
The County reserves the right to adjust this timetable as required during the course of the RFP
process.
Issue RFP Notice
------~_._-._~
Last Date for Receipt of Written Questions _____
Event
Date
-
11/29/10
---.
12/13/10
.~
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Addendum Issued Bv 12/16/10
Proposal Closina Date 12/20/10
Anticipated Evaluation of Proposals December 2010-
January 2011
Anticipated Completion of Contract Negotiations January - February
2011
Anticipated Board of County Commissioner's Contract Approval January - February
Date 2011
Response Format
The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms
and conditions of same, and all ordinances and policies of Collier County, The Vendor further
agrees that if it is awarded a contract, the work will be performed in accordance with the
provisions, terms and conditions of the contract.
To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the
guidelines set forth in this RFP. Any portions of the proposal that do not comply with these
guidelines must be so noted and explained in the Acceptance of Conditions section of the
proposal. However, any proposal that contains such variances may be considered non-
responsive,
Proposals should be prepared simply and economically, providing a straightforward concise
description of the Vendor's approach and ability to meet the County's needs, as stated in this
RFP, All proposals should be presented as described in this RFP in PDF or Microsoft Word
format with Tabs clearly marked, If outlined in this RFP, the utilization of recycled paper for
proposal submission is strongly encouraged,
The items listed below shall be submitted with each proposal and should be submitted in the order
shown, Each section should be clearly labeled, with pages numbered and separated by tabs.
Failure by a Vendor to include all listed items may result in the rejection of its proposal.
1) Tab I, Cover Letter I Management Summary
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein, Include the name(s), telephone
number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a
result of this RFP, List all proposed subcontractors who will participate on the team,
2) Tab II: Proposer's Credentials, Previous Performance and Project Understanding
(Maximum 30 Points/Maximum 20 Pages):
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying
philosophy of the firm in providing the services stated herein, Include the name(s), telephone
number(s), and email(s) of the authorized contact person(s) concerning proposal. Submission
of a signed Proposal is Proposer's certification that the Proposer will accept any awards made
to him as a result of said submission of the terms contained therein,
Proposers shall provide, in detail, their credentials for providing Roadway Contracting Services
and any information which documents successful and reliable experience in past performance,
especially those performances related to the requirements of this solicitation, Include a
description of the Proposer's business history and number of years in operation, Related
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project experience shall be restricted to those assignments undertaken within the last five (5)
years, Include a list of projects that were performed in the County's roadways, Higher points
will be given to those Proposers who demonstrate a current work history of
maintaininglconstructing CountylState arterial roadways and experience in Maintenance of
Traffic (MOT), Provide a narrative of the Proposer understanding of the overall intent of the
services, Identify any issues or concerns of significance that may be appropriate,
Should subcontractor(s) be listed as a part of the project team, the Proposer shall provide a
letter from each subcontractor that indicates the subcontractor's intent to be a part of the
project team, Proposals submitted without the referenced letter(s) may result in the
subcontractor's qualifications being eliminated from the review process
Proposer's ability to provide a complete proposal will be considered representative of the firm's
responsiveness, Points will be deducted under this item for failure to submit all information as
requested in this RFP,
3) Tab III, Cost of Services to the County (Maximum 15 Points)
Provide hourly rates listed below:
Cost per hour per employee for regular business hours Monday through Friday,
8:00 am, to 5:00 p,m -----..---.-
ForemanlSupervisor per hour _
Skilled Worker ----per hour
General Labor ..J:>er hour
-_._-~--
Percentage of mark-up over actual cost for materials and
parts as per example: %
Example: Parts invoice Total $1,200 + 35% Markup =
$1,620 Actual Price for materials and parts -
---'~----"~-'~ -
Cost per hour per employee for
Overtime and Weekend Hours
ForemanlSupervisor --- per hour
Skilled Worker per hour
General Labor per hour
-',.- -
Foreman's per hour rate + 2 general laborer's
rate + ($1,000 [cost of parts] + % mark-up) =
bid for purpose of evaluatio~______.
Awarded vendor will be required to abide by the rates provided above,
4) Tab IV: Staff/Subcontractors Credentials (Maximum 20 PointslMaximum 15 Pages): In
this tab, include:
. Description of the proposed contract team and the role to be played by each member of
the proposed team,
. Detailed plan of approach_
. The Proposer shall include the name, title, address and telephone number of persons who
will both manage and be assigned to perform services under the proposal. Brief
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Biographies: A brief one (1) page bio, including references, detailing educational
qualifications and previous work assignments related to this RFP for each person who will
perform the services required shall be included, Failure to do so may be cause for
rejection of the proposal. Credentials will be subject 10 verification, In the event there
should be a change in the person(s) names assigned to perform the services under this
contract, the Contractor shall submit, for approval to the County, the credentials and
resumes of the person(s) the Contractor wishes to perform the services under this
Contract.
5) Tab V: Corporate Experience and Capacity Current Workload (Maximum 15
PointslMaximum 5 Pages): Provide a statement as to what effect your current workload will
have on your ability to perform this work, Provide information that documents your firm and
subcontractors' qualifications to produce the required outcomes, including its ability, capacity,
skill, and financial strength, and number of years of experience in providing the required
services. Also describe the various team members' successful experience in working with one
another on previous projects,
List Current Projects in the Format Identified Below
Project Original Final Project Number
Start Date End Date Change
Description 8 udget Cost Orders
6) Tab VI, Customer and Reference Listing (Maximum 10 Points)
Provide a listing of previous customers who during the past three years of work demonstrate
experience of similar size and scope to the scope described in this RFP. Collier County may
select one or more contact names to serve as a reference for this scope of work, The services
provided to these clients should have characteristics as similar as possible to those requested
in this RFP, Information provided for each client shall include the following:
. Client name, address and em ail address and telephone number,
. Description of services provided.
· Time period of the project or contract; briefly describe if project met or exceeded the
schedule outlined
. Client's contact reference name, email and current telephone number,
. Dollar value of project; briefly describe if the completed project met, or came under
budget.
Failure to provide complete and accurate client information, as specified here, may result in
the disqualification of your proposal.
7) Tab VII, Acceptance of Conditions
Indicate any exceptions to the general terms and conditions of the RFP, and to insurance
requirements or any other requirements listed in this RFP, If no exceptions are indicated in this
tabbed section, it will be understood that no exceptions to these documents will be considered
after the award, or if applicable, during negotiations, Exceptions taken by a Vendor may result
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in evaluation point deduction(s) andlor exclusion of proposal for Selection Committee
consideration, depending on the extent of the exception(s), Such determination shall be at the
sole discretion of the County and Selection Committee,
8) Tab VIII, Required Form Submittals
. Licenses andlor Certifications (if applicable)
. Checklist
. Conflict of Interest
. Declaration Statement
. Immigration Affidavit and the firms E-Verify memorandum of understanding or profile
page
. Affidavit for Claiming Status as a Local Business
. Insurance Requirements Form
. Cost to the County Forms
. Other: Reference Requests
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Exhibit II
General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement
website: www.collieroov.net/bid. Vendors must clearly understand that the only official answer or
position of the County will be the one stated on the Collier County Purchasing Department E-
Procurement website, For general questions, please call the referenced Purchasing Agent noted
on the cover page.
2, Pre-Proposal Conference
The purpose of the pre-proposal conference is to allow an open forum for discussion and
questioning with County staff regarding this RFP with all prospective Vendors having an equal
opportunity to hear and participate, Oral questions will receive oral responses, neither of which will
be official, nor become part of the RFP. Only written responses to written questions will be
considered official, and will be included as part of this RFP as an addendum,
All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-
proposal conference for this solicitation, If this pre-proposal conference is denoted as "mandatory",
prospective Vendors must be present in order to submit a proposal response,
3, Compliance with the RFP
Proposals must be in strict compliance with this RFP, Failure to comply with all provisions of the
RFP may result in disqualification.
4. Ambiguity, Conflict, or Other Errors in the RFP
It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict,
discrepancy, omission or other error in the RFP, to immediately notify the Purchasing Agent, noted
herein, of such error in writing and request modification or clarification of the document prior to
submitting the proposal. The Purchasing Agent will make modifications by issuing a written
revision and will give written notice to all parties who have received this RFP from the Purchasing
Department.
5, Proposal, Presentation, and Protest Costs
The County will not be liable in any way for any costs incurred by any Vendor in the preparation of
its proposal in response to this RFP, nor for the presentation of its proposal andlor participation in
any discussions, negotiations, or, if applicable, any protest procedures,
6, Delivery of Proposals
All proposals are to be delivered before 3:00 pm on or before December 20,2010 to:
Collier County Board of County Commissioners
Purchasing Department Attn: Brenda Brilhart Purchasing Agent
3327 Tamiami Trail East, Bldg, "G"
Naples, Florida 34112
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The County shall not bear the responsibility for proposals delivered to the Purchasing Department
past the stated date andlor time indicated, or to an incorrect address by Vendor's personnel or by
the Vendor's outside carrier, However, the Purchasing/General Services Director, or designee,
shall reserve the right to accept proposals received after the posted close time under the following
conditions:
. The tardy submission of the proposal is due to the following circumstances, which shall
include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or
courier where delivery was scheduled before the deadline,
. The acceptance of said proposal does not afford any competing firm an unfair advantage
in the selection process,
Vendors must submit at least one (1) paper copy clearly labeled "Master," and five (5) copies of
the proposal submitted on five CD-ROMs in PDF or Microsoft Word format is mandatory, List the
Proposal Number on the outside of the box or envelope and note "Request for Proposal
enclosed,"
7, Validity of Proposals
No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to
the County prior to the time set for the closing of Proposals. All proposals shall be valid for a
period of one hundred eighty (180) days from the submission date to accommodate evaluation
and selection process,
8, Method of Source Selection
The County is using the Competitive Sealed Proposals methodology of source selection for this
procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number
2006-268 establishing and adopting the Collier County Purchasing Policy, The County may, as it
deems necessary, conduct discussions with qualified Vendors determined to be in contention for
being selected for award for the purpose of clarification to assure full understanding of, and
responsiveness to solicitation requirements,
9, Evaluation of Proposals
The County's procedure for selecting is as follows:
1. The County Manager shall appoint a Selection Committee to review all proposals
submitted,
2. Request for Proposals issued.
3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall
review the proposals received and verify whether each proposal appears to be minimally
responsive to the requirements of the publiShed RFP.
4. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior
notice of such meeting in the lobby of the Purchasing Building at least one (1) day in
advance of all such meetings.
5. The committee members shall review each Proposal individually and score each proposal
based on the evaluation criteria stated herein,
6. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice
announcing the date, time and place of the first committee meeting. Said notice shall be
posted in the lobby of the Purchasing Building not less than three (3) working days prior to
the meeting, The Purchasing Agent shall also post prior notice of all subsequent committee
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meetings and shall endeavor to post such notices at least one (1) day in advance of all
subsequent meetings,
7. Collier County will consider all the material submitted by the Proposer and other
information Collier County may obtain to determine whether the Proposer is capable of and
has a history of successfully completing projects of this type, including, without limitation,
additional information Collier County may request, interviews, or oral presentations.
8. The Selection Committee, as approved by the County Manager, will review,
evaluate and rank all responsive proposals received from Proposers responding to
this RFP, The committee members shall score each Proposal in accordance with
the rating criteria set forth below and may, at their discretion, schedule
presentations from any firms submitting a proposal. The Selection Committee will
rank qualified firms in order of preference and by consensus using all information
presented to the Committee, choose the top ranked firm and will subsequently
enter into negotiations with the top ranked firm, Award of the contract is dependent
upon the successful and full execution of a mutually agreed contract.
The County reserves the right to withdraw this RFP at any time and for any reason, and to
issue such clarifications, modifications, addendums, andlor amendments as it may deem
appropriate, including, but not limited, to requesting supplemental proposal information,
Receipt of a proposal by the County or a submission of a proposal to the County offers no
rights upon the Vendor nor obligates the County in any manner,
Acceptance of the proposal does not guarantee issuance of any other governmental
approvals, Proposals which include provisions requiring the granting of zoning variances shall
not be considered,
10, Proposal Selection Committee and Evaluation Factors
The County Manager shall appoint a Selection Committee to review all proposals submitted, The
factors to be considered in the evaluation of proposal responses are listed below,
Points:
1, Proposer's Credentials & Previous Performance 30
2, Cost to the County 15
3, StafflSubcontractors Credentials 20
4, Corporate Experience & Workload 15
5. References 10
6, Local Business Preference ..J..Q
Total Possible Points 100
Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with
the lowest paid dollars by Collier County to the vendor (as obtained from the County's financial
system) within the last five (5) years will receive the higher individual ranking, If there is a multiple
firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall
receive the higher ranking, the firm with the next lowest volume of work shall receive the next
highest ranking and so on,
11, Acceptance or Rejection of Proposals
The right is reserved by the County to waive any irregularities in any proposal, to reject any or all
proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by
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Collier County to accept the proposal which in the judgment of the County is deemed the most
advantageous for the public and the County of Collier,
Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind,
may be cause for rejection, In the event of default of the successful Vendor, or their refusal to
enter into the Collier County contract, the County reserves the right to accept the proposal of any
other Vendor or to re-advertise using the same or revised documentation, at its sole discretion,
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Exhibit III
Collier County Purchase Order Terms and Conditions
1, Offer
This offer is subject to cancellation by the
COUNTY without notice if not accepted by
VENDOR within fourteen (14) days of issuance,
2, Acceptance and Confirmation
This Purchase Order (including all documents
attached to or referenced therein) constitutes
the entire agreement between the parties, unless
otherwise specifically noted by the COUNTY on
the face of this Purchase Order, Each delivery of
goods and/or services received by the COU NTY
from VENDOR shall be deemed to be upon the
terms and conditions contained in this Purchase
Order.
No additional terms may be added and Purchase
Order may not be changed except by written
instrument executed by the COUNTY. VENDOR
is deemed to be on notice that the COUNTY
objects to any additional or different terms and
conditions contained in any acknowledgment,
invoice or other communication from VENDOR,
notwithstanding the COUNTY'S acceptance or
payment for any delivery of goods and/or
services, or any similar act by VENDOR,
3, Inspection
All goods and/or services delivered hereunder
shall be received subject to the COUNTY'S
inspection and approval and payment therefore
shall not constitute acceptance, All payments are
subject to adjustment for shortage or rejection,
All defective or nonconforming goods will be
returned pursuant to VENDOR'S instruction at
VENDOR'S expense.
To the extent that a purchase order requires a
series of performances by VENDOR, the
COUNTY prospectively reserves the right to
cancel the entire remainder of the Purchase
Order if goods and/or services provided early in
the term of the Purchase Order are
non-conforming or otherwise rejected by the
COUNTY.
4. Shipping and Invoices
a) All goods are FOB destination and must be
suitably packed and prepared to secure the
lowest transportation rates and to comply
with all carrier regulations. Risk of loss of
any goods sold hereunder shall transfer to
the COUNTY at the time and place of
delivery; provided that risk of loss prior to
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actual receipt of the goods by the County
nonetheless remain with vendor,
b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
specifically stated in this Purchase Order.
Unless otherwise provided in Purchase
Order, no invoices shall be issued nor
payments made prior to delivery. Unless
freight and other charges are itemized, any
discount will be taken on the full amount of
invoice.
c) All shipments of goods scheduled on the
same day via the same route must be
consolidated, Each shipping container must
be consecutively numbered and marked to
show this Purchase Order number. The
container and Purchase Order numbers must
be indicated on bill of lading, Packing slips
must show Purchase Order number and must
be included on each package of less than
container load (LCL) shipments and/or with
each car load of equipment. The COUNTY
reserves the right to refuse or return any
shipment or equipment at VENDOR'S
expense that is not marked with Purchase
Order numbers. VENDOR agrees to declare
to the carrier the value of any shipment made
under this Purchase Order and the full
invoice value of such shipment.
d) All invoices must contain the Purchase Order
number and any other specific information as
identified on the Purchase Order. Discounts
of prompt payment will be computed from the
date of receipt of goods or from date of
receipt of invoices, wh ichever is later.
Payment will be made upon receipt of a
proper invoice and in compliance with
Chapter 218, Fla, Stats" otherwise known as
the "Local Government Prompt Payment Act",
5, Time Is Of the Essence
Time for delivery of goods or performance of
services under this Purchase Order is of the
essence. Failure of VENDOR to meet delivery
schedules or deliver within a reasonable time, as
interpreted by the COUNTY in its sole judgment,
shall entitle the COUNTY to seek all remedies
available to it at law or in equity, VENDOR
agrees to reimburse the COUNTY for any
expenses incurred in enforcing its rights,
VENDOR further agrees that undiscovered
delivery of nonconforming goods and/or services
is not a waiver of the COUNTY'S right to insist
upon further compliance with all specifications,
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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.
9, 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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3/22/2011 Item 9.A.
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 andlor 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 applicabie 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
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Act and all prohibitions against discrimination on
the basis of race, religion, sex creed, national
origin, handicap, marital status, or veterans'
status, Further, VENDOR acknowledges and
without exception or stipulatIon shall be fully
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986
as located at 8 U,S,C, 1324, et seq, and
regulations relating thereto, as either may be
amended, Failure by the awarded firm(s) to
comply with the laws referenced herein shall
constitute a breach of the award agreement and
the County shall have the discretion to unilaterally
terminate said agreement immediately. Any
breach of this provision may be regarded by the
COUNTY as a material and substantial breach of
the contract arising from this Purchase Order,
14. Force Majeure
Neither the COUNTY nor VENDOR shall be
responsible for any delay or failure in
performance resulting from any cause beyond
their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature,
When VENDOR has knowledge of any actual or
potential force majeure or other conditions which
will delay 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
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3/22/2011 Item 9.A.
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order may
be terminated immediately by the COUNTY for
breach by VENDOR of the terms and conditions
of this Purchase Order, provided that COUNTY
has provided VENDOR with notice of such
breach and VENDOR has failed to cure within 10
days of receipt of such notice,
19. General
a) This Purchase Order shall be governed by
the laws of the State of Florida, The venue
for any action brought to specifically enforce
any of the terms and conditions of this
Purchase Order shall be the Twentieth
Judicial Circuit in and for Collier County,
Florida
b) Failure of the COUNTY to act immediately in
response to a breach of this Purchase Order
by VENDOR shall not constitute a waiver of
breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
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 lor 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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3/22/2011 Item 9.A.
Exhibit IV
Additional Terms and Conditions for RFP
1, Contract Term
The contract term, if an award(s) islare made is intended to be one (1) year with three (3) 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,
2, Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in the Insurance and
Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance
upon the entire project, if required, to the full insurable value of the scope of work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to the
proceeds of such insurance, The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors
and shall require each of them to include similar waivers in their contracts.
. Collier County shall be responsible for purchasing and maintaining, its own liability
insurance,
. Certificates issued as a result of the award of this solicitation must identify "For any and all
work performed on behalf of Collier County,"
. The General Liability Policy provided by Vendor to meet the requirements of this solicitation
shall name Collier County, Florida, as an additional insured as to the operations of Vendor
under this solicitation and shall contain a severability of interests provisions,
· Collier County Board of County Commissioners shall be named as the Certificate Holder,
The "Certificate Holder" should read as follows:
Collier County Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth
in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under
any of the below listed minimum required coverage, Vendor must identify on the Certificate of
Insurance the nature and amount of such self- insured retentions or deductibles and provide
satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or
deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer,
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The Vendor andlor 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 iater 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,
3, 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,
4, Additional Items andlor Services
During the contract term, Collier County reserves the right to add related items andlor services upon
negotiation of a satisfactory price by the Project Manager and Vendor,
5, Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 51 % or more of the solicitation amount for said work,
6, County's Right to Inspect
The County or its authorized Agent shall have the right to inspect the Vendor's facilitieslproject site
during and after each work assignment the Vendor is performing,
7, Additional Terms and Conditions of Contract
Collier County has developed standard contractslagreements, approved by the Board of County
Commissioners (BCC), The selected Vendor shall be required to sign a standard Collier County
contract within twenty one (21) days of Notice of Selection for Award, The County reserves the right
to include in any contract document such terms and conditions, as it deems necessary for the proper
protection of the rights of Collier County, A sample copy of this contract is available upon request.
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The County will not be obligated to sign any contracts, maintenance andlor service agreements or
other documents provided by the Vendor,
8, Payment Method
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes, Vendor's invoices must include:
. Purchase Order Number
. 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 Trl E Ste 700
Naples FL 34112
Collier County, in its sole discretion, will determine the method of payment for goods andlor 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,
Collier County cautions vendors to consider both methods of payment when determining pricing as
no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard
Merchant Rules), 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 andlor services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after completion of
contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-
payment under the legal doctrine of "laches" as untimely submitted, Time shall be deemed of the
essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying the
amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax, After review and approval, the invoice will be transmitted to the
Finance Division for payment, Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt
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Payment Act." Collier County reserves the right to withhold andlor reduce an appropriate amount of
any payment for work not performed or for unsatisfactory performance of Contractual requirements,
9, 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 responsibie 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 andlor right-of-way for the purpose of inspection of any Vendor's work operations, This
provision is non-negotiable by any department andlor Vendor,
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer, All electrical
installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective
labels,
10, Licenses
The Vendor is required to possess the correct Business Tax Receipt, professional license, and any
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any
kind, Additionally, copies of the required licenses must be submitted with the proposal
response indicating that the entity proposing, as well as the team assigned to the County
account, is properly licensed to perform the activities or work included in the contract
documents. Failure on the part of any Vendor to submit the required documentation may be
grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also
required to have an occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections must
complete a Collier County Contractor License registration form and submit the required fee, After
registering the Iicenselregistration will need to be renewed thereafter to remain "active" in Collier
County,
If you have questions regarding professional licenses contact the Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909, Questions
regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-
2477.
11, Principals/Collusion
By submission of this Proposal the undersigned, as Vendor, does declare that the only person or
persons interested in this Proposal as principal or principals islare named therein and that no person
other than therein mentioned has any interest in this Proposal or in the contract to be entered into;
that this Proposal is made without connection with any person, company or parties making a
Proposal, and that it is in all respects fair and in good faith without collusion or fraud,
12, Relation of County
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3/22/2011 Item 9.A.
It is the intent of the parties hereto that the Vendor shall be legally considered an independent
Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be
considered employees or agents of the County, and that the County shall be at no time legally
responsible for any negligence on the part of said Vendor, their employees or agents, resulting in
either bodily or personal injury or property damage to any individual, firm, or corporation,
13. Security and Background Checks
If required, Vendor I Contractor I Proposer shall be responsible for the costs of providing background
checks 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,
14, Termination
Should the Vendor be found to have failed to perform his services in a manner satisfactory to the
County, the County may terminate this Agreement immediately for cause; further the County may
terminate this Agreement for convenience with a thirty (30) day written notice, The County shall be
sole judge of non-performance.
15. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be
lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.
Firms and their agents are not to contact members of the County Commission for such purposes as
meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closinQ to
final Board approval, no firm or their agent shall contact any other employee of Collier County in
reference to this Proposal, with the exception of the Purchasing Director or his designee(s), Failure to
abide by this provision may serve as grounds for disqualification for award of this contract to the firm,
16, 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 (wwwsunbiz.orq/searchhtml), 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.
17, Single Proposal
Each Vendor must submit, with their proposal, the required forms included in this RFP, Only one
proposal from a legal entity as a primary will be considered, A legal entity that submits a proposal as
a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-
consultant to any other firm submitting under the same RFP, If a legal entity is not submitting as a
primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-
consultant to any other firm or firms submitting under the same RFP, All submittals in violation of this
requirement will be deemed non-responsive and rejected from further consideration,
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In addition, consultants that have participated andlor will participate in the development of
scope, background information or oversight functions on this project are precluded from
submitting a Proposal as either a prime or sub- consultant.
18, Protest Procedures
Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the
former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of
proposals. All such protests must be filed with the Purchasing Director no later than 11 :00 a,m,
Collier County time on the final published date for the acceptance of the Request for Proposals, The
Board of County Commissioners will make award of contract in public session, Award
recommendations will be posted outside the offices of the Purchasing Department on Wednesdays
and Thursdays, Any actual or prospective respondent who desires to formally protest the
recommended contract award must file a notice of intent to protest with the Purchasing Director
within two (2) calendar days (excluding weekends and County holidays) of the date that the
recommended award is posted,
Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be
given instructions as to the form and content requirements of the formal protest. A copy of the
"Protest Policy" is available at the office of the Purchasing Director,
19, Public Entity Crime
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s, 287,017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
20, Conflict of Interest
Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP
document. Disclosure of any potential or actual conflict of interest is subject to County staff review
and does not in and of itself disqualify a firm from consideration, These disclosures are intended to
identify and or preclude conflict of interest situations during contract selection and execution,
21, 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. andlor any employee of the firm from contact with County staff for a specified
period of time; b, Prohibition by the individual andlor firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, andlor quotes; and, c,
immediate termination of any contract held by the individual andlor firm for cause,
22. Immigration Affidavit Certification
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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 I 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'slbidder's proposal. Acceptable
evidence consists Df 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 PrDgram. The affidavit is attached to the solicitation documents, If the
BidderNendor does not complv with providinQ both the acceptable E-Veritv evidence and the
executed affidavit the bidder's I vendor's proposal shall be deemed non-responsive.
Documentation of these requirements will not be accepted after the bid I proposal deadline
date.
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: httpllwwwdhsoDv/E-Verifv, 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 ImmigratiDn Reform and Control Act of 1986
as located at 8 U,SC, 1324, et ~ and regulatiDns relating theretD, 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 Df this affidavit shall constitute a breach of the award
agreement and the County shall have the discretiDn to unilaterally terminate said agreement
immediately,
23, Collier County Local Preference Policy
Collier County provides an incentive to local business to enhance the opportunities of local
businesses in the award Df County contracts, In the evaluatiDn Df proposals, the County rewards
Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion
points,
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 Dr Lee Counties from which the vendor
operates or performs business, Post Office Boxes are nDt verifiable and shall not be used fDr the
purpDse Df establishing said physical address. In additiDn to the foregoing, a vendor shall not be
considered a "local business" unless it contributes to the eCDnomic development and well-being of
either Collier Dr Lee County in a verifiable and measurable way, This may include, but nDt be limited
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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,
The vendor must complete and submit with their proposal response the Affidavit for Claiming Status
as a Local Business which is included as part of this solicitation, Failure on the part of a vendor to
submit this Affidavit with their proposal response will preclude said Vendor from being
considered for local preference under this solicitation.
A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year,
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Attachment 1
Collier County Board of County Commissioners
Purchasing Department
Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
o The Proposal has been signed,
o All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
o Any addenda have been signed and included,
o The mailing envelope has been addressed to:
Collier County Board of County Commissioners
Purchasing Department, Building "G"
3327 Tamiami Trail, East
Naples, Florida 34112
Attn: Brenda Brilhart, Purchasing Agent
o The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and
Due Date,
o The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time, (OthelWise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
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Attachment 2
Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive, Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation,
If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed
below and return this form via email or fax, noted on the cover page, or mail to Collier County Purchasing
Department, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this RFP for the following reason(s):
o Services requested not available through our company,
o Our firm could not meet specificationslscope of work,
o Specificationslscope of work not clearly understood or applicable (too vague, rigid, etc,)
o Project is too small.
o Insufficient time allowed for preparation of response,
o Incorrect address used, Please correct mailing address:
o Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
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Attachment 3
Conflict of Interest Affidavit
By the signature below, the firm (employees, officers andlor agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers andlor agents) has a possible conflict have been
fully disclosed,
Additionally, the firm (employees, officers andlor agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract andlor project duration,
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
County of
SUBSCRIBED AND SWORN to before me this
by
day of
,2010,
, who is personally known to me to be the
for the Firm, OR who produced the following
identification
Notary Public
My Commission Expires
RFP 10-5450
27
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3/22/2011 Item 9.A.
Attachment 4
Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP NO. 10-5450 -- "Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations"
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud,
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains, The Vendor states that the proposal is based upon the
proposal documents listed by RFP # 10-5450.
(Proposal Continued on Next Page)
RFP 10-5450
28
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3/22/2011 Item 9.A.
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _ day of
the County of , in the State of
Firm's Legal Name:
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
Telephone:
FAX:
Check on of the following:
Signature by:
(Typed and written)
Title:
Send payments to:
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
Office servicing Collier
County to place orders
(required if different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
RFP 10-5450
,2010 in
o Sole Proprietorship
o Limited Partnership
o Corp or p, A State of
o General Partnership
Additional Contact Information
Company name used as payee
Emall
29
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3/22/2011 Item 9.A.
Co~~y
- -
Admnis1rative Services DMsion
Purrllasing
Attachment 5
Immigration Affidavit Certification
RFP # : 10-5450
Title: Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
This Affidavit is required and should be signed, notarized by an authorized principai of the firm and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals, Further, Vendors I 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'slbidder'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-Verifv prOQram. shall deem the Vendor I Bidder's proposal as non-responsive. Documentation of
these requirements will not be accepted after the bid I proposal deadline date.
Collier County will not intentionally award County contracts to any vendor who knowingiy 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 I Bidder's proposal.
Company Name
Print Name
Title
Sig nature
Date
State of
County of
The foregoing instrument was signed and acknowledged before me this
20_, by
day of
who has produced
as identification.
(Print or Type Name)
(Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notal)' 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.
RFP 10-5450
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3/22/2011 Item 9.A.
eotN:r County
~ -
Admnlstrative Services DIVision
Purdlasing
Attachment 6
Affidavit for Claiming Status as a Local Business
RFP #:10-5450 Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
(Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
o Collier County 0 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 DCollier County or 0 Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in 0 Collier County or 0 Lee (Including Owner(s) or Corporate
Officers):
If requested by the County, vendor will be required to provide documentation substantiating the
information given in this affidavit. Failure to do so will result in vendor's submission being deemed not
applicable.
Vendor Name:
Date:
Signature:
Title:
STATE OF FLORIDA
o COLLIER COUNTY
o LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
Day of ,2010
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Packet Page -130-
RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.A.
Insurance I Bond Type
1, cgJ Worker's
Compensation
2, cgJ Employer's Liability
3, cgJ Commercial General
Liability (Occurrence
Form) patterned after the
current ISO form
4. cgJ Indemnification
4, cgJ Automobile Liability
5. D Other insurance as
noted:
6. D Bid bond
7, cgJ Performance and
Payment Bonds
Attachment 7
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Government Statutory Limits and Requirements
$1,000,000 single limit per occurrence
Bodily Injury and Property Damage
$2,000,000 single limit per occurrence
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 wrongfui conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/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,
$ 2,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
D Pollution
Occurrence
$
Per
D Professional Liability $ Per
Occurrence
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
D Valuable Papers Insurance
Occurrence
$
Per
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocabie 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,
For projects in excess of $200,000, bonds shall be submitted with the
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
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RFP 09-5197 Annual Contract for Roadway Contractors
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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, [8J 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, [8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate
for Commercial General Liability where required,
10, [8J Collier County Board of County Commissioners shall be named as the Certificate Holder
and the certificate must read "For any and all work performed on behalf of Collier County,
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate,
11. [8J 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
Date
Vendor
Signature
Print Name
Insurance
Agency
Agent Name
Telephone
Number
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3/22/2011 Item 9.A.
RFP 09-5197 Annual Contract for Roadway Contractors
EXHIBIT A - SCOPE OF WORK
Program Description
The Transportation Department is seeking the services of three (3) or more Roadway
Contractors licensed in the State of Florida, to provide complete construction services. Services
shall include roadway installation, repair and maintenance, and not be limited to, the following:
1, Work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways, This work would typically include, but not be limited to:
removal of existing grass or plantings; removal of existing curbing; excavation for new turn
lane area; placement of base material and paving; adjustment of drainage; adjustment of
utilities, if present, including irrigation and electric service; revisions to signing, pavement
marking and striping; any other additional work necessary to provide a lengthened or
otherwise modified turn lane,
2, Work required modifying median openings along County arterial and collector roadways.
This work would be similar to that outlined above in Item 1, however, there may be no
existing grass or plantings present. New grass or plantings may be required on a case-by
case-basis,
3, Work required providing improvements at the intersections of roadways, This work could
have some or all of the elements outlined in Items 1 and 2 above, Work in this category,
and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales,
4. Work of a similar nature and not specifically outlined above,
5, Maintenance of TrafficlTraffic Control and Protection will be a part of all projects and will
be in accordance with FDOT and Collier County standards and requirements of the
Maintenance of Traffic Policy, copies of which are available through the Risk Management
or Purchasing Departments,
6, Design/Build: Collier County is seeking the services of qualified concrete and paving
companies to design and build hammerheads at selected dead end streets in COllier
County, The Company will design the hammerheads within the specifications of the Collier
County Transportation Department, deliver, create, and install concrete, asphalt paving and
other related materials needed to construct the hammerheads, preparation of site, asphalt
drives and materials necessary. Scope may also include constructing reinforced driveways
to be used as a turnaround by the Solid Waste Collection Contractor where it is not feasible
to construct a hammerhead, or repairing an existing driveway,
The size of each hammerhead will be determined by the Utility Billing and Customer Service
Director or hislher Designee, designed by the successful bidder, reviewed and approved by
the Collier County Transportation Department. The Contractor will provide labor and
materials necessary for all County Collier County owned and lease sites,
The Project Manager will have the discretion require replacement of sub-contractors on a
project,
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RFP 09-5197 Annual Contract for Roadway Contractors
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The selected Contractor(s) will be responsible for providing complete construction services for a
wide range of projects that may be required by any of the Collier County, The selected firms
shall be responsible for knowledge of and compliance with all relative local, state and federal
codes and regulations,
Selected Contractor(s) shall provide the County with a one (1) year warranty for all work
performed, This warranty will not go into effect until the project has been completed to the
County's total satisfaction,
Due to the nature of activities conducted, Collier County reserves the right to perform
background checks on persons employed to perform services in connection with the contract.
Work that is requested of the Contractor(s) in the County Jails will require thorough background
checks of personnel and a search of toolslmaterials taken into the jails,
This contract shall be available for use by all County departments,
Performance Bond Reauirement
When a construction project is in excess of $200,000 and more than thirty (30) days in duration,
the Contractor(s) shall provide a Performance Bond, in the form prescribed in Exhibit D, in the
amount of 100% of the Contract Amount, the costs of which is to be paid by the Contractor. 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, NY 10038. Should the contract amount be
less than $500,000 the requirements of Section 287,0935, F,S, shall govern the rating and
classification of the surety,
All performance security under the subsequent contract shall be continued for a six (6) month
period beyond the final completion of the project. If the surety for any bond furnished by the
Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the
State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the
Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety,
both of which shall be subject to the Owner's approval.
Response Times: The Contractor(s) shall be accessible via pager, cellular telephone or other
means approved by the Project Manager or their designee during the entire term of the
Contract. Regular service shall be made available between the hours of 8:00 a,m, to 5:00 p.m"
Monday through Friday, excluding County recognized holidays, All other hours shall be
considered overtime and charged at the appropriate rate of time and one half, Work completed
on County recognized holidays, Saturday and Sunday shall also be considered at the overtime
rate of time and one half,
Emergency Response Time: The Vendor may be required to do emergency repairs at times
other than normal working hours, The Vendor shall be in a position to be available on a twenty-
four (24) hour basis, three hundred sixty-five (365) days per year for such emergency work,
The Vendor shall supply the County with an emergency on-call telephone number and the same
(or different telephone number) for routine repairslnew installation.
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3/22/2011 Item 9.A.
RFP 09-5197 Annual Contract for Roadway Contractors
EXHIBIT B
PORTLAND CEMENT CONCRETE - CLASS I
(NONSTRUCTURAL)
CONCRETE SIDEWALK
Specifications
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. Furnish all labor, materials, equipment,
tools, transportation, and supplies required to complete the work in accordance with the
Contract Documents,
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. 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, 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,
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 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.................,..., ......,...,
(I) 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 most current edition approved by
Project Manager, and revisions thereto current at the time of contract letting,
Forms
Provide forms as specified in section 520-3 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction or most current edition, approved by
Project Manager, and revisions thereto current at the time of contract letting,
Excavation
Excavation to the required depth, and compact the foundation material upon which these items
are to be placed as specified in section 120-9 of the Florida Department of Transportation
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RFP 09-5197 Annual Contract for Roadway Contractors
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Standard Specifications for Road and Bridge Construction, and revisions thereto current at the
time of contract ietting,
Foundation
Compact fill areas, including cut areas under the sidewalk that have been excavated more that
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 directiy under the sidewalk and 1 foot beyond
each side of the sidewalk when right-of-way allows. Contractor is responsible for any
Iimerock 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 Yz 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 2004 or most current edition approved by Project Manager, and
revisions thereto current at the time of contract letting,
Contraction Joints
The Contractor may use open type or sawed contraction joints,
Open-Type Joints
Form open type contraction joints by staking a metal bulkhead in place and depositing the
concrete on both sides, After the concrete has set sufficiently to preserve the width and shape
of the joint, remove the bulkhead, After finishing the sidewalk over the joint, edge the slot with a
tool having Yz inch radius,
Sawed Joints
IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less
than 1 Yz inches deep with a concrete saw after the concrete has set, and within the following
periods of time:
. 3/16 inch Saw cut joints, 1Yz inch deep at not more than 30 feet intervals within (12
hours) after finishing,
. 3/16 inch Saw cut joints, 1Yz 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 2004 or most current edition
approved by Project Manager, and revisions thereto current at the time of contract letting,
Finishing
Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to
the forms, to obtain the required grade and remove surplus water and laitance.
Surface Requirements
Provide the concrete with a broom finish. Ensure that the surface variations are not more than Y.
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 Yz 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
37
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RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.A.
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 Y, 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 2004 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 120 minutes elapsed time between the initial addition of water to the mix and
depositing the concrete at the point of final placement, subject to the ability to place and
consolidate the concrete in accordance with specification requirements, Make adjustments to
mix consistency at the site of placement only before any concrete from the load is placed, Do
not make adjustments which will cause the allowable slump or maximum specified water
cementitious ratio to be exceeded.
Control of Quality
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Concrete Mix Design
Before producing any concrete, submit the proposed mix design to the Project Manager on a
form provided by the Department. Use only concrete mix designs meeting the following
requirements and having prior approval of the Project Manager, Maximum water to cementitious
materials ratio 0,55 Ibsllbs [0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 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 Project
Manager may disqualify any concrete production facility for non-compliance with Specification
requirements,
Sampling and Testing
The Project Manager 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 Project Manager 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
Project Manager may accept concrete at a reduced pay when it is determined that the concrete
may not serve its intended function,
Placing Concrete
Place the concrete as specified in section 520-5 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, and revisions thereto current at the
time of contract letting,
Concrete Gutter, Curb Elements
Concrete
Use Class I concrete meeting the requirements of section 347 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting,
Reinforcement
For all steel reinforcement that may be required, it must meet the requirements of section 415 of
the Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, and revisions thereto current at the time of contract letting.
Joint Materials
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3/22/2011 Item 9.A.
RFP 09-5197 Annual Contract for Roadway Contractors
Must meet the requirements of section 932 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, and revisions thereto current at the
time of contract letting,
Form Materials
Construct forms for this work of either wood or metal. Provide forms that are straight, free from
warp or bends, and of sufficient strength, when staked, to resist the pressure of the concrete
without deviation from line and grade, For all items constructed on a radius, use flexible forms,
Depth of Forms
Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being
deposited against them,
Machine Placement
The Contractor may place these items by machine methods with the approval of the Project
Manager provided that the Contractor consistently produces an acceptable finished product,
true to line, grade, and cross section,
Excavation
Excavate to the required depth, and compact the foundation material upon which these items
are to be placed as specified in section 120-9 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, and revisions thereto current at the
time of contract letting, Contractor is responsible for any limerock base/fill material that may be
required to be removed and/or added, to keep consistent with the existing elevation(s) at no
additional cost to the using Department; all cost should be included with the unit price of pay
item being used,
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 Project Manager 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 10 feet except
where closure requires a lesser interval, but do not allow any section to be less than 4 feet in
length,
Expansion Joints
Construct expansion joints at all inlets, at all radius points, and at other locations indicated on
plans or by Project Manager andlor designee. Locate them at intervals of 500 feet between
other expansion joints or ends of a run, Ensure that the joint is Y:. inch in width,
Finishing - Repair of Minor Defects
Remove the forms within 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 Project
Manager will not allow plastering on the face of the curb. Remove and replace any rejected
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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 Project Manager will
only require a brush finish. For any surface areas, which are too rough or where other surface
defects make additional finishing necessary, the Project Manager 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 Project Manager may require the Contractor to rub
further, using thin grout or mortar,
Curing - General
Continuously cure the concrete for a period of at least 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 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 72 hour curing period
Wet Burlap Method
Place burlap, as specified in section 925-1, of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, and revisions thereto current at the
time of contract letting, over the entire exposed surface of the concrete, with sufficient extension
beyond each side to ensure complete coverage, Overlap adjacent strips a minimum of 6 inches,
Hold the burlap securely in place such that it will be in continuous contact with the concrete at
all times, and do not allow any earth between the burlap surfaces at laps or between the burlap
and the concrete, Saturate the burlap with water before placing it, and keep it thoroughly wet
throughout the curing period,
Membrane Curing Compound Method
Apply clear membrane curing compound or white pigmented curing compound, as specified in
section 925-2 of the Florida Department of Transportation Standard Specifications for Road and
Bridge Construction, and revisions thereto current at the time of contract letting, by a hand
sprayer meeting the requirements of section 350-3.10 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting, in a single coat continuous film at a uniform coverage of at
least 200 square feet per gallon, Immediately recoat any cracks, checks, or other defects
appearing in the coating, Thoroughly agitate the curing compound in the drum prior to
application, and during application as necessary to prevent settlement of the pigment.
Polyethylene Sheeting Method
Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto
current at the time of contract letting, over the entire exposed surface of the concrete, with
sufficient extension beyond each side to ensure complete coverage Overlap adjacent strips a
minimum of 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 days after pouring, refill the
spaces in front and back of the curb to required elevation with suitable material (Contractor is
responsible for any Iimerock 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
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RFP 09-5197 Annual Contract for Roadway Contractors
Deparlment; 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 6 inches,
Surface Requirements
Test the gutter section of curb and gutter with a 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 Project Manager, Immediately correct irregularities in excess of y.; inch,
Quality & Final Cleaning Up of Right-of-Way
The Project Manager will review completed areas for quality and acceptance, Upon completion
of the work, and before the Department accepts the work and makes final payment, remove
from the right-of-way and adjacent property all falsework, equipment, surplus and discarded
materials, rubbish and temporary structures: Restore in an acceptable manner all property, both
public and private, that has been damaged during the prosecution of the work; and leave the
waterways unobstructed and the roadway in a neat and presentable condition throughout the
entire length of the work under Contract, Do not dispose of materials of any character, rubbish
or equipment, on abutting property, with or without the consent of the property owners, Areas
determined to be unsatisfactory, by the Project Manager, 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, Project Manager and/or
designee'sjudgment when evaluating completed work shall be final.
Limitations of Operations:
Sequence of Operations: The Project Manager 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 andlor 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 Project Manager 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 Project Manager andlor 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 Project Manager, 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
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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 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 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 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 Project Manager may
remove from the project a Worksite Traffic Supervisor that fails to comply with the provisions of
this Sub article.
Alteration of Plans or of Character of Work:
General: The Project Manager 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 Project Manager, 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 Project Manager 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 Project
Manager was without any reasonable and good-faith basis.
Authority of the Project Manager: Perform all work to the satisfaction of the Project
Manager. The Project Manager 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 Project Manager and/or
designee will have the final authority.
Authority and Duties of Project Manager Assistants: The Project Manager 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
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authority to reject materials or suspend the work until any questions at issue can be referred to
and decided by the Project Manager, The Project Manager 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 Project Manager and/or designee ill have the final authority.
Default and Termination of Contract
Determination of Default: The Project Manager 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 Project Manager rejects as unacceptable and unsuitable;
(d) Discontinues the prosecution of the work, or fails to resume discontinued work within a
reasonable time after the Project Manager notifies the Contractor to do so,
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 Project Manager. If the
Contractor, within a period of ten calendar days after receiving the notice described above, fails
to proceed to correct the conditions of which complaint is made, The Project Manager will, upon
written certificate from the Project Manager of the fact of such delay, neglect, or default and the
Contractor's failure to correct such conditions, 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. The Project Manager and/or will have the final authority.
The Department has no liability for anticipated profits for unfinished work on a Contract that the
Project Manager has determined to be in default.
Measurement and Payment
Measurement Standards: The Project Manager or his assistant will measure all work
completed under the Contract in accordance with the United States Standard Measures
[International System of Units (Sl) 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 2004 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.
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RFP 09-5197 Annual Contract for Roadway Contractors
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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 Project Manager will review completed areas for quality and acceptance, Areas determined
to be unsatisfactory, by the Project Manager, 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 Project Manager 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 Project Manager not less than five days in advance of the planned
start day of work, Upon the receipt of such notice, the Project Manager may give the Contractor
Notice to Proceed and may designate the point or points to start the work, In the Notice to
Proceed, the Project Manager may waive the five-day advance notice and authorize the
Contractor to begin immediately, Notify the Project Manager in writing at least two days in
advance of the starting date of important features of the work, Do not commence work under the
Contract until after the Project Manager has issued the Notice to Proceed, The Project Manager
will issue the Notice to Proceed within 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 Iimit(s) set forth in the proposal. Should the Contractor fail to furnish sufficient
and suitable equipment, forces, and materials, as necessary to prosecute the work in
accordance with the required schedule, the Project Manager may withhold all estimates that
are, or may become due, or suspend the work until the Contractor corrects such deficiencies,
Pre-construction Conference: Immediately after awarding the Contract but before the
contractor begins work; the Project Manager will call a pre-construction conference at a place
the Project Manager 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.
State Roads: Work that is to be performed on the State Roads in Collier County will require a
completed, original form called: Certification of Disbursements submitted with each invoice,
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RFP 09-5197 Annual Contract for Roadway Contractors
EXHIBIT C
List of Potential Projects
Intersection/Safetv Improvement proiects
Vanderbilt Beach Rd, at Airoort Rd,
Immokalee Rd at Everalades Blvd,
Lake Trafford Rd, at SR 29
Hazel Rd.lNorth Rd. Imnrovements
Randall Blvd. at Everalades Blvd.
Livinaston Rd. at Golden Gate Parkway
Livinaston Rd. at Pine Ridae Rd.
Immokalee Rd. Safety Improvements (Corkscrew to Immokalee)
Immokalee Rd. Safety Imarovements (Immokalee to County Line)
Pine Ridae Road at US 41
Shadowlawn Dr. from Davis Blvd, to US 41
Airoort Rd, at Davis Blvd,
Miscellaneous Proiects
NaDles Industrial Park and Pine Ridae Industrial Park MSTU proiects
Enterorise Ave, at Industrial Blvd & Commercial Blvd,
Proaress Ave, at Livinaston Rd,
Proaress Ave, from Airoort Rd, to Commercial Blvd,
Tavlor Rd, from Pine Ridae Rd, to J&C Blvd.
J&C Blvd, at Airoort Rd,
Prospect Avenue from Airport-Pullina Road to Industrial Blvd,
Yawhl Street north Pine Ridae Rd,
Industrial Blvd. from Radio Rd, to Mercantile Ave,
Miscellaneous Proiects at Naples Production Park MSTU
Miscellaneous Proiects at Pine Ridae Industrial Park MSTU
pathwavs praaram
S, 5th SI., S, 9th SI., Immokalee Dr., & Carson Rd, IImmokalee)
Oranae Blossom Dr, Manatee Rd, 28th CI. SW, 48th Terr. SW, 28th Ave, SW, & 50th SI. SW
8th Street & 111th Ave, (Naales Park)
The Greenwav Proiect
CDBG Naples Manor Sidewalks: Broward SI. ( US 41 to Carolina Ave), Fleming SI. (Floridan
to Texas), Trammel St (Floridan to Texas), Gilchrist St (Floridan to Texas), Carolina Ave
(Texas to McCartv) and other selected proiects not vet defined
Boston Ave, 19th St to 1st St S)-PROJECT DELAYED DUE TO STORMWATER PROJECT
49th Terrace SW 148th St SW to 19th Place SW)
Santa Barbara Blvd (Copper Leaf Lane to Green Blvd)
2012 Immokalee Sidewalks: 1st St N (Roberts Ave, to Immokalee Dr,), Eustis Ave (9th St. to
Immokalee Rd/1st St), Colorado Ave (9th St. to 1st St,) 60% Plans bv 3/12; Start Constr.
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99th Avenue US 41 to Vanderbilt Dr
48th St SW/17th Ave SW 23rd Ave SW to 17th Ave SW/Sunshine Blvd to 49th Ave SW
Cress Wa East Pi er Blvd to end -PIL
Shadowlawn Elementa Sidewalks Safe Routes to School
US 41 Pine Rid e Rd to Gulf Park Dr)
9th St N Lake Trafford Rd to Main St - Missin links)
Miscellaneous Sidewalk 1m rovements
Bus Shelters Installations
US411 South of Thomasson Dr S in front of Publix
US 411 East Naples Library
South 9th Street (south of Boston Ave)
SR 29 & Post Office
-
SR 29 & between 7&8 Ave (in front of motel)
Airport/Estey AveJfront of Shell) ---...._,~--.-
US 41/104th Ave NW
Radio Rd.l Davis (front of gas station) -
US 41 E I Rattlesnake Hammock (7-Eleven) -
Airport-Pullinq Rdl Fountain View NE _(J&C Blvd)
Collier Blvd, & Pine Ridge Rd
951/Manatee Rd
- ---_..._-~.,-_._.~._-..
, 9511 Manatee Rd (across)
jlmmokalee I Casino (Needs RNV acquisition)
Airport-Pulling Rd/Pine Ridge Rd SE Corner (near Walmart entrance)
9511 Elkcam Cir, (across) - --- --
Goodlettel US 41 (Bayfront Inn) ---
Bayshore/US 41 SW (across from existing shelter)
951/Marriott Hotel
..~-
951/Marriott Hotel (across) --
Sunshine/17 Ave NE
'-'--""
Floridianl Broward SW of Shell
Lake Trafford/19th SI. (front of qas station)
Airport Roadl Orange Blossom Dr NW -._-------
Radio Rd.lLivingston (front of car wash)
S 5th St./ Stokes Ave (across Career Service center)
S 5th St./ Career Service center
--_._~--
Floridianl Holland NW
-
Lake Trafford Elementary
Lake Traffordl Ringo Ln (front of Tex Mex)
SI. Barbara/Rec, Lane NE
Floridianl Holland SE
--_.._-_.-._--_.~._~ ------.
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RFP 09-5197 Annual Contract for Roadway Contractors
EXHIBIT D
PUBLIC PAYMENT BOND
RFP #10-5450
Bond No.
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal,
a~ ,0
Surety, located at
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Obligee for
in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force,
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond,
The provisions of this bond are subject to the time limitations of Section 255,05(2), In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants,
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of 20_, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
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3/22/2011 Item 9.A.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
NAME:
ITS:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20_, by , as of
, a corporation, on behalf of the
corporation, He/she is personally known to me OR has produced as
identification and did (did not) take an oath,
My Commission Expires:
(Signature of Notary)
NAME:
(legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No,:
ATTEST:
SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
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3/22/2011 Item 9.A.
RFP 09-5197 Annual Contract for Roadway Contractors
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,20_, by , as
of
Surety, on behalf of Surety, He/She is personally known to me OR has produced
as identification and who did (did not)
take an oath.
My Commission Expires:
(Signature)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No,:
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RFP 09-5197 Annual Contract for Roadway Contractors
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PUBLIC PERFORMANCE BOND
RFP #10-5450
Bond No,
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as
Surety,
located
at
(Business
Address)
are
held
and
firmly bound to
, as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the
20_, with
day of
Obligee for
in accordance
with drawings and specifications, which contract is incorporated by reference and made
a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2, Pays Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or the changes do not affect Sureties
obligation under this Bond,
The Surety, for value received, hereby stipulates and agrees that no changes,
extensions of time, alterations or additions to the terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications,
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RFP 09-5197 Annual Contract for Roadway Contractors
This instrument shall be construed in all respects as a common law bond, It is
expressly understood that the time provisions and statute of limitations under Section
255.05, Florida Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee,
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of , 20_, the name of each party being affixed and these
presents duly signed by its undersigned representative, pursuant to authority of its
governing body.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
20_, by
of
corporation, on behalf of the corporation.
personally known to me OR has produced
as identification and did (did not) take an oath.
day of
, as
, a
Helshe is
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No,:
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3/22/2011 Item 9.A.
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
by as
,20_,
of
Surety, on behalf of
, a
Surety, He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No,:
Packet Page -152-
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3/22/2011 Item 9.A.
A G R E E MEN T 10-5450
For
Asphalt Roadway. Concrete. Curb. Sidewalk and Driveway Installations
THIS AGREEMENT is made and entered into this day of , , by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Wright Construction Group, Inc.,
authorized to do business in the State of Florida, whose business address is 9331 N. Tamiamj Trail,
Suite 22, Naples, Florida 34110, (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1, COMMENCEMENT: The Agreement shall be for a one (1) year period, commencing on
, and terminating on , The County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and conditions contained
in this Agreement for three (3) additional one (1) year periods. In no event, including renewal
options, shall the Agreement exceed four (4) years. 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 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.
:;1- STATEMENT OF WORK: The Board of County Commissioners deemed five (5) firms to be pre-
~ualified and awarded a Contract to each firm, Each awardee will enter into an Agreement to provide
complete services for Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
RFP #10-5450 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.
The procedure to be followed will be determined by the value of the project. The procedures for
projects are outlined below:
Procedures for proiects with a value less than $3,000 are as follows:
. The project manager shall receive a quote (verbal or written),
Procedures for proiects with a value areater than $3,000 and less than $50,000 is as follows:
. The project manager shall receive a written quote from at least one (1) of the selected
firms on contract. The written quote may be obtained electronically via the On-Line
Bidding System, email or written communication, Completion time shall be specified in
the quotation.
Procedures for proiects with a value areater than $50,000 and UP to $100,000 are as follows:
Page -1-
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3/22/2011 Item 9.A.
· Written quotations shall be solicited from at least three (3) of the selected firms, The
written quote may be obtained electronically via the On-Line Bidding System, email or
written communication, Completion time shall be specified in the quotation.
· Contractor shall respond with the information andlor proposal sought within seven (7)
business days,
· Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Purchase Order - and modifications to the purchase
order will be per purchasing policy,
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for projects with a value $100,000 to $200,000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected firms. These
quotes mav be obtained electronically via the On-Line Bidding System, email or written
communication, Completion time and the collection of liquidated damages may be
specified in the quotation, A Performance Bond may also be required.
. Contractor shall respond with the information andlor proposal sought within seven (7)
business days,
· Owner may negotiate terms and conditions,
· Issuance by Owner of a numbered Work Order - and modifications to the work order
will be per purchasing policy,
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Proiects with a Value of $200,001 to $750,000 (annually, Collier Count;
generally has between four - six projects with an estimated value between $200,001 and
$750,000):
To fulfill Florida Statue 255,0525 for advertising competitive bids in this dollar range, a notice
of this solicitation was advertised in the local newspaper at the time solicitation #10-5450 was
available for public posting, Projects identified during the term of this resultant agreement
are forecasted in the Collier County's 2030 Long Range Transportation Plan, A copy of this
plan may be found at www.collierqov.netllndex.asPx?paQe=577.This financial plan outlines
the long range goals, objectives and requirements to maintain the County's transportation
system, In addition to the long range plan, the County has identified a number of more
specific projects that may be included as a result of the resultant agreement if funding
resources are available,
For projects with an estimated value between $200,001 and $750,000, the following quotation
process will be used:
· A "quotation process" shall occur among all contractors currently holding a contract for
10-5450, Specific project requirements, completion time the collection of liquidated
damages, and performance bond requirement if necessary, may be specified in the
"quotation," A Performance Bond may also be required,
· If the project is identified in Master Plan or project list attached (see Exhibit C), the
awarded contractors shall respond with their quoted proposals within seven (7)
business days of notification of the project. If the project is not identified in the Master
Plan or the project list, the County shall advertise the project as identified in Florida
Statute 225,0525,
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3/22/2011 Item 9.A.
. The County may negotiate terms and conditions on a project by project basis.
. If a Performance Bond is required, Contractor shall provide within seven (7) business
days after notification of award,
. The contractor may not commence work until the County has issued a numbered Work
Order and Notice to Proceed; the County Attorney and Board of County
Commissioners approval is required prior to commencement of the work order.
. Certification of Final Completion is required by County in order for contractor to receive
final payment.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor may be prohibited from participating in the quoting process for six (6)
months and possible contract termination,
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation, Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Wright Construction Group, Inc.
9331 N. Tamiami Trail Suite 22
Naples, Florida 34110
Attention: George Andy Powell, Vice President
Phone: 239/513-1724
Fax: 239/514-2132
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: Stephen Y. Carnell
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.
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3/22/2011 Item 9.A.
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 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,
9, TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a seven (7) day written notice. The County shall be sole judge of non-performance.
10, NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin,
11, INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability,
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership,
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3/22/2011 Item 9.A.
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 ,000,00 for each accident.
Special Reauirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability,
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County ten (10) days prior to any expiration date, There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage,
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions,
12, 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 ContractorNendor/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,
13, BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds,
B, When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act as
a security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor andlor materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "A",
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the
Owner's approval.
14, PAYMENTS, Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments, Subsequent to the first payment,
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3/22/2011 Item 9.A.
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "B" as a condition precedent to release of each progress payment.
All applications for payment, whether for full payment or a progress payment shall be i
writing, and in substantially the form attached hereto as Exhibit "C",
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents,
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense, Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner,
16, SUBMITTALS AND SUBSTITUTIONS, Any substitution of productslmaterials from
specifications shall be approved in writing by Owner in advance,
17, CONTRACT TIME AND TIME EXTENSIONS,
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors,
B, Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension,
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner, Contractor expressly
acknowledges and agrees that it shall receive no damages for delay, Contractor's sole
Page -6-
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3/22/2011 Item 9.A.
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
18, CHANGES IN THE WORK, Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change, Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order, No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally, Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized,
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes, Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree,
19, COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes), If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing,
20, CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21 ,ASSIGNMENT, Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22, WARRANTY, Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents,
Page -7-
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3/22/2011 Item 9.A.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricatorf
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair, These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law,
23, STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR. EMPLOYEES, The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties, The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County,
24, TESTS AND INSPECTIONS, If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
25, PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made, If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor,
8, Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C, Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner,
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith,
26, EMERGENCIES, In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss, Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby,
Page -8-
Packet Page -162-
3/22/2011 Item 9.A.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punch list of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "8",
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
28. LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
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prior to the Commencement Date, Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor,
The Work shall be substantially completed within the time specified in the Request for
Quotation, The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended, The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation,
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation, Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof, Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period, If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday,
29,CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
30, COMPONENT PARTS OF THIS CONTRACT, This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No, 10-5450, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders,
31,PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No, 2004-05, 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, andlor any employee of the firm from contact with County staff for a specified
period of time; b, Prohibition by the individual andlor firm from doing business with the County
for a specified period of time, including but not limited to: submitting bids, RFP, andlor quotes;
and, c, immediate termination of any contract held by the individual andlor firm for cause,
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32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work,
No markup shall be applied to sales tax,
34, IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U,S,C. 1324, et seq. and regulations relating thereto, as either may be amended,
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
35, VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters,
36,OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer,
37.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
38, DISPUTE RESOLUTION, Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida, The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44,102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W, Coyle, Chairman
Dated:
(Seal)
Wright Construction Group, Inc.
Contractor
First Witness
By:
Signature
TypelPrint Witness Name
Typed Signature
Second Witness
Title
TypelPrint Witness Name
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No,
Contract No, 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
;upplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255,0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants,
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
3/22/2011 Item 9.A.
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
The foregoing instrument was acknowledged before me this of
,as cl
corporation, on behalf of the corporation, He/she is personally
as identification and did (did
STATE OF
COUNTY OF
,a
known to me OR has produced
not) take an oath,
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
20_, by _
(Signature of Notary)
Name:
(Legibiy Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
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As Attorney in Fact
(Attach Power of Attorney)
Nitnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20__, by , as
of , Surety, on behalf of Surety, He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath,
_, My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No,:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No,
Contract No, 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally,
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1, Performs the Contract at the times and in the manner prescribed in the Contract, and
2, Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3, Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond,
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications,
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This instrument shall be construed in all respects as a common law bond, It is expressly understood
that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this
bond,
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige,
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body,
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , as of
, a corporation, on behalf of the corporation,
___ HelShe is personally known to me OR has produced as identification and
lid (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No,:
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ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
STATE OF
COUNTY OF
(Telephone Number)
The foregoing instrument was acknowledged before me this _ day of
20___, by , as
of , Surety, on behalf of Surety, He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT B
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns. that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid,
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No,
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,20_, by
corporation,
of , a
Helshe is personally known to me or has produced
as identification and did (did not) take an oath,
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
,AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 10-5450
Project No,
Application Date
Payment Application No,
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been
paid for work which previous payments were issued and received from the OWNER and that current payment is now due;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
By Design Professional:
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager:
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(Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO.1 0-5450
TO:
DATE:
PROJECT NAME:
PROJECT NO,:
Under our AGREEMENT dated
,20_,
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
ne Contract Time is now L--J calendar days, The substantial completion date is and the
final compietion date is ' Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance, The adjustment, if any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and deiay costs,
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No,
ENGINEER'S Project No,
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto, This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion,
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.~. The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents,
executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
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Type Name and Title
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No,
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents,
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
,20_
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
I n consideration of ten dollars, ($10,00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION,
The undersigned party further agrees that it will, at its own expense, replace andlor repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY, It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given,
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq,
DATE:
CONTRACTOR
BY:
Attest:
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A G R E E MEN T 10-5450
For
Asphalt Roadway. Concrete. Curb. Sidewalk and Driveway Installations
THIS AGREEMENT is made and entered into this day of , , 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., 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"),
WIT N E SSE T H:
1. COMMENCEMENT: The Agreement shall be for a one (1) year period, commencing on
, and terminating on ' The County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and conditions contained
in this Agreement for three (3) additional one (1) year periods, In no event, including renewal
options, shall the Agreement exceed four (4) years, 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 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.
r STATEMENT OF WORK: The Board of County Commissioners deemed five (5) firms to be pre-
~ualified and awarded a Contract to each firm, Each awardee will enter into an Agreement to provide
complete services for Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
RFP #10-5450 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.
The procedure to be followed will be determined by the value of the project. The procedures for
projects are outlined below:
Procedures for proiects with a value less than $3,000 are as follows:
. The project manager shall receive a quote (verbal or written),
Procedures for proiects with a value qreater than $3,000 and less than $50,000 is as follows:
. The project manager shall receive a written quote from at least one (1) of the selected
firms on contract. The written quote may be obtained electronically via the On-Line
Bidding System, email or written communication, Completion time shall be specified in
the quotation,
Procedures for proiects with a value qreater than $50,000 and UP to $100,000 are as follows:
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· Written quotations shall be solicited from at least three (3) of the selected firms. The
written quote may be obtained electronically via the On-Line Bidding System, email or
written communication, Completion time shall be specified in the quotation,
· Contractor shall respond with the information andlor proposal sought within seven (7)
business days,
· Owner may negotiate terms and conditions,
· Issuance by Owner of a numbered Purchase Order - and modifications to the purchase
order will be per purchasing policy,
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for proiects with a value $100,000 to $200,000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected firms. These
quotes may be obtained electronically via the On-Line Bidding System, email or written
communication, Completion time and the collection of liquidated damages may be
specified in the quotation, A Performance Bond may also be required.
· Contractor shall respond with the information andlor proposal sought within seven (7)
business days,
· Owner may negotiate terms and conditions,
· Issuance by Owner of a numbered Work Order - and modifications to the work order
will be per purchasing policy,
. Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Projects with a Value of $200,001 to $750,000 (annually, Collier Count)
generally has between four - six projects with an estimated value between $200,001 and
$750,000):
To fulfill Florida Statue 255,0525 for advertising competitive bids in this dollar range, a notice
of this solicitation was advertised in the local newspaper at the time solicitation #10-5450 was
available for public posting, Projects identified during the term of this resultant agreement
are forecasted in the Collier County's 2030 Long Range Transportation Plan, A copy of this
plan may be found at www.collieroov.netllndex.aspx?paoe=577.This financial plan outlines
the long range goals, objectives and requirements to maintain the County's transportation
system, In addition to the long range plan, the County has identified a number of more
specific projects that may be included as a result of the resultant agreement if funding
resources are available,
For projects with an estimated value between $200,001 and $750,000, the following quotation
process will be used:
· A "quotation process" shall occur among all contractors currently holding a contract for
10-5450. Specific project requirements, completion time the collection of liquidated
damages, and performance bond requirement if necessary, may be specified in the
"quotation." A Performance Bond may also be required.
· If the project is identified in Master Plan or project list attached (see Exhibit C), the
awarded contractors shall respond with their quoted proposals within seven (7)
business days of notification of the project. If the project is not identified in the Master
Plan or the project list, the County shall advertise the project as identified in Florida
Statute 225,0525,
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. The County may negotiate terms and conditions on a project by project basis.
. If a Performance Bond is required, Contractor shall provide within seven (7) business
days after notification of award,
. The contractor may not commence work until the County has issued a numbered Work
Order and Notice to Proceed; the County Attorney and Board of County
Commissioners approval is required prior to commencement of the work order.
. Certification of Final Completion is required by County in order for contractor to receive
final payment.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor may be prohibited from participating in the quoting process for six (6)
months and possible contract termination.
3, THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4, NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Bonness, Inc.
1990 Seward Avenue
Naples, Florida 34109
Attention: Kathleen M. Bailie, President
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
Purchasin9 Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasin9/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.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80. Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a seven (7) day written notice. The County shall be sole judge of non-performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $1,000,00 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
12. 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 ContractorNendor/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.
13. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act as
a security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the
Owner's approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment,
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Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "B" as a condition precedent to release of each progress payment.
All applications for payment, whether for full payment or a progress payment shall be i
writing, and in substantially the form attached hereto as Exhibit "C".
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner.
16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials frorr,
specifications shall be approved in writing by Owner in advance.
17. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
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remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
20.CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricatorf
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
23.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
25. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punch list of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
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prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request fo.
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on &
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP NO.1 0-5450, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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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32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
35. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
36.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
37.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
38. 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 requiriftg
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Dated:
(Seal)
Bonness, Inc.
Contractor
First Witness
By:
Signature
Type/Print Witness Name
Typed Signature
Second Witness
Title
Type/Print Witness Name
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at_
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
;upplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
, as
corporation,
of
20_, by _
,a
of
on behalf of the corporation. He/she is personally
as identification and did (did
known to me OR has produced
not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
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Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
,~ My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , as of
, a corporation, on behalf of the corporation.
"-- He/She is personally known to me OR has produced as identification and
jid (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
STATE OF
COUNTY OF
(Telephone Number)
The foregoing instrument was acknowledged before me this _ day of
20___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release andAffidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthlyffinal] Application for Payment
No.
CONTRACTOR
BY:
ITS:
President
Witnesses
DATE:
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 20_, by
cl ,a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
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Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 10-5450
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Originai Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _0/0 after [insert date] $
Percent Work compieted to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
,- received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
ull all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been
paid for work which previous payments were issued and received from the OWNER and that current payment is now due:
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By Design Professional:
By OWNER'S Project Manager:
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(Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 10-5450
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L-J calendar days. The substantial completion date is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any. to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLliER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
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Type Name and Title
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
,20_
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to F/orida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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A G R E E MEN T 10-5450
For
Asphalt Roadwav. Concrete, Curb. Sidewalk and Drivewav Installations
THIS AGREEMENT is made and entered into this day of , , 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., authorized to do
business in the State of Florida, whose business address is 6017 Pine Ridge Road, Naples, Florida
34119, (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The Agreement shall be for a one (1) year period, commencing on
, and terminating on The County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and conditions contained
in this Agreement for three (3) additional one (1) year periods. In no event, including renewal
options, shall the Agreement exceed four (4) years. 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 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 five (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide
complete services for Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
RFP #10-5450 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.
The procedure to be followed will be determined by the value of the project. The procedures for
projects are outlined below:
The procedure to be followed will be determined by the value of the project determined by the project
manager and as outlined below:
Procedures for proiects with a value less than $3.000 are as follows:
· The project manager shall receive a quote (verbal or written).
Procedures for projects with a value qreater than $3,000 and less than $50.000 is as follows:
· The project manager shall receive a written quote from at least one (1) of the selected
firms on contract. The written quote may be obtained electronically via the On-Line
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Bidding System, email or written communication. Completion time shall be specified in
the quotation.
Procedures for projects with a value qreater than $50,000 and UP to $100.000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected firms. The
written quote may be obtained electronically via the On-Line Bidding System, email or
written communication. Completion time shall be specified in the quotation.
· Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
. Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Purchase Order - and modifications to the purchase
order will be per purchasing policy.
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for projects with a value $100.000 to $200.000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected firms. These
quotes may be obtained electronically via the On-Line Bidding System, email or written
communication. Completion time and the collection of liquidated damages may be
specified in the quotation. A Performance Bond may also be required.
· Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
· Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Work Order - and modifications to the work order
will be per purchasing policy.
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Projects with a Value of $200.001 to $750.000 (annually, Collier County
generally has between four - six projects with an estimated value between $200,001 and
$750,000):
To fulfill Florida Statue 255.0525 for advertising competitive bids in this dollar range, a notice
of this solicitation was advertised in the local newspaper at the time solicitation #10-5450 was
available for public posting. Projects identified during the term of this resultant agreement
are forecasted in the Collier County's 2030 Long Range Transportation Plan. A copy of this
plan may be found at www.collierQov.netflndex.aspx?paqe=577.This financial plan outlines
the long range goals, objectives and requirements to maintain the County's transportation
system. In addition to the long range plan, the County has identified a number of more
specific projects that may be included as a result of the resultant agreement if funding
resources are available.
For projects with an estimated value between $200,001 and $750,000, the following quotation
process will be used:
· A "quotation process" shall occur among all contractors currently holding a contract for
10-5450. Specific project requirements, completion time the collection of liquidated
damages, and performance bond requirement if necessary, may be specified in the
"quotation." A Performance Bond may also be required.
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· If the project is identified in Master Plan or project list attached (see Exhibit C), the
awarded contractors shall respond with their quoted proposals within seven (7)
business days of notification of the project. If the project is not identified in the Maste
Plan or the project list, the County shall advertise the project as identified in Florida
Statute 225.0525.
· The County may negotiate terms and conditions on a project by project basis.
· If a Performance Bond is required, Contractor shall provide within seven (7) business
days after notification of award.
· The contractor may not commence work until the County has issued a numbered Work
Order and Notice to Proceed; the County Attorney and Board of County
Commissioners approval is required prior to commencement of the work order.
· Certification of Final Completion is required by County in order for contractor to receive
final payment.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor may be prohibited from participating in the quoting process for six (6)
months and possible contract termination.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
BQ Concrete
6017 Pine Ridge Road
Suite 329
Naples, Florida 34119
Attention: Buddy Quarles
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 Tamiamj Trail
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
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The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a seven (7) day written notice. The County shall be sole judge of non-performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
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This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $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 insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions
12. 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 ContractorNendor/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.
13. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act as
a security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the
Owner's approval.
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14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment,
Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "B" as a condition precedent to release of each progress payment.
All applications for payment, whether for full payment or a progress payment shall be in
writing, and in substantially the form attached hereto as Exhibit "C".
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner.
16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
17. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents,and the coordination
of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
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responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's SOlE
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all
federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements
applicable to the Project, including but not limited to those dealing with taxation, workers'
compensation, equal employment and safety (including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Owner in writing.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
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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
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
23.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
25. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
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injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
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28.L1QUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 10-5450, any
addenda, any QuotationfWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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
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for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes;
and, c. immediate termination of any contract held by the individual and/or firm for cause.
32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
35. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
36.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
37.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Dated:
(Seal)
BQ Concrete, LLC
Contractor
By:
First Witness
Signature
Type/Print Witness Name
Typed Signature
Second Witness
Title
Type/Print Witness Name
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
3/22/2011 Item 9.A.
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
STATE OF
COUNTY OF
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
20_, by _
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
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3/22/2011 Item 9.A.
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthlyffinal] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
Witnesses
DATE:
STATE OF
COUNTY OF
[Corporate Seal]
The foregoing instrument was acknowledged before me this _ day of
,20_, by
of , a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 10-5450
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
..... received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
ull all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive: (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER): (3) all amounts have been
paid for work which previous payments were issued and received from the OWNER and that current payment is now due;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By Design Professional:
By OWNER'S Project Manager:
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(Signature) DATE:
(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 10-5450
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Originai Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shail be (increased/decreased) by caiendar days due to this Change Order. Accordingly,
the Contract Time is now L-.J calendar days. The substantiai completion date is and the
final completion date is . Your acceptance of this Change Order shail constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fuily as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shail constitute a
fuil and finai settlement of any and ail claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMiSSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20
OWNER
By:
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Type Name and Title
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
,20_
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to F/orida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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A G R E E MEN T 10-5450
For
Asphalt Roadwav. Concrete, Curb. Sidewalk and Drivewav Installations
THIS AGREEMENT is made and entered into this day of , , by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Quality Enterprises USA, Inc.,
authorized to do business in the State of Florida, whose business address is 3894 Mannix Drive
Suite 216, Naples, Florida 34114, (hereinafter referred to as the "Contractor").
WIT N E 5 SET H:
1. COMMENCEMENT: The Agreement shall be for a one (1) year period, commencing on
, and terminating on The County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and conditions contained
in this Agreement for three (3) additional one (1) year periods. In no event, including renewal
options, shall the Agreement exceed four (4) years. 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 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 five (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide
complete services for Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
RFP #10-5450 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.
The procedure to be followed will be determined by the value of the project. The procedures for
projects are outlined below:
Procedures for proiects with a value less than $3.000 are as follows:
· The project manager shall receive a quote (verbal or written).
Procedures for proiects with a value qreater than $3,000 and less than $50,000 is as follows:
· The project manager shall receive a written quote from at least one (1) of the selected
firms on contract. The written quote may be obtained electronically via the On-Line
Bidding System, email or written communication. Completion time shall be specified in
the quotation.
Procedures for proiects with a value qreater than $50,000 and up to $100.000 are as follows:
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· Written quotations shall be solicited from at least three (3) of the selected firms. The
written quote may be obtained electronically via the On-Line Bidding System, em ail or
written communication. Completion time shall be specified in the quotation.
· Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
. Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Purchase Order - and modifications to the purchase
order will be per purchasing policy.
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for proiects with a value $100.000 to $200,000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected firms. These
quotes may be obtained electronically via the On-Line Bidding System, email or written
communication. Completion time and the collection of liquidated damages may be
specified in the quotation. A Performance Bond may also be required.
· Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
. Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Work Order - and modifications to the work order
will be per purchasing policy.
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Proiects with a Value of $200.001 to $750.000 (annually, Collier County
generally has between four - six projects with an estimated value between $200,001 and
$750,000):
To fulfill Florida Statue 255.0525 for advertising competitive bids in this dollar range, a notice
of this solicitation was advertised in the local newspaper at the time solicitation #10-5450 was
available for public posting. Projects identified during the term of this resultant agreement
are forecasted in the Collier County's 2030 Long Range Transportation Plan. A copy of this
plan may be found at www.collierqovnet/lndex.aspx?paqe=577. This financial plan outlines
the long range goals, objectives and requirements to maintain the County's transportation
system. In addition to the long range plan, the County has identified a number of more
specific projects that may be included as a result of the resultant agreement if funding
resources are available.
For projects with an estimated value between $200,001 and $750,000, the following quotation
process will be used:
· A 'quotation process" shall occur among all contractors currently holding a contract for
10-5450. Specific project requirements, completion time the collection of liquidated
damages, and performance bond requirement if necessary, may be specified in the
"quotation." A Performance Bond may also be required.
· If the project is identified in Master Plan or project list attached (see Exhibit C), the
awarded contractors shall respond with their quoted proposals within seven (7)
business days of notification of the project. If the project is not identified in the Master
Plan or the project list, the County shall advertise the project as identified in Florida
Statute 225.0525.
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· The County may negotiate terms and conditions on a project by project basis.
· If a Performance Bond is required, Contractor shall provide within seven (7) business
days after notification of award.
· The contractor may not commence work until the County has issued a numbered Work
Order and Notice to Proceed; the County Attorney and Board of County
Commissioners approval is required prior to commencement of the work order.
· Certification of Final Completion is required by County in order for contractor to receive
final payment.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor may be prohibited from participating in the quoting process for six (6)
months and possible contract termination.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Quality Enterprises USA, Inc.
3894 Mannix Drive Suite 216
Naples, Florida 34114
Attention: Louis Gaudio, Vice President
Phone: 239/435-7200
Fax: 239/435-7202
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: Stephen Y. Carnell
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.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a seven (7) day written notice. The County shall be sole judge of non-performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $1 ,000,00 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
12. 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 ContractorNendor/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.
13. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act as
a security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the
Owner's approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment,
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Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "B" as a condition precedent to release of each progress payment.
All applications for payment, whether for full payment or a progress payment shall be in
writing, and in substantially the form attached hereto as Exhibit "C".
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner.
16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
17. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
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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 appl>
to claims for early completion, as well as to claims based on late completion.
18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
19.COMPLlANCE 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
23.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR. EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
25. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punch list of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "8".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
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prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 10-5450, any
addenda, any QuotationfWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, 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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32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
35. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
36.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
37.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Dated:
(Seal)
Quality Enterprises USA, Inc.
Contractor
By:
First Witness
Signature
Type/Print Witness Name
Typed Signature
Second Witness
Title
Type/Print Witness Name
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at _
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_. with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_. the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
3/22/2011 Item 9.A.
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
STATE OF
COUNTY OF
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
20_, by_
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
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Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract NO.1 0-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; othelWise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
Witnesses as to Principal
By:
Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
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COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly Sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
Witnesses
DATE:
STATE OF
COUNTY OF
[Corporate Seal]
The foregoing instrument was acknowledged before me this _ day of
,20_, by
of , a
corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
, as
corporation, on behalf of the
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
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EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 10-5450
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
ull all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been
paid for work which previous payments were issued and received from the OWNER and that current payment is now due;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By Design Professional:
By OWNER'S Project Manager:
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(Type Name and Title)
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EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 10-5450
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time Is now L-...J calendar days. The substantial completion date is and the
final completion date is Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in OUf Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
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EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
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The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
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Type Name and Title
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
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The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
,20_
OWNER
By:
Type Name and Title
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EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
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AG R E E MEN T 10-5450
For
Asphalt Roadwav. Concrete, Curb, Sidewalk and Drivewav Installations
THIS AGREEMENT is made and entered into this day of , , by and between the
Board of County Commissioners for Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as the "County" or "Owner") and Mitchell & Stark Construction
Company, Inc., authorized to do business in the State of Florida, whose business address is 6001
Shirley Street, Naples, Florida 34109, (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The Agreement shall be for a one (1) year period, commencing on
, and terminating on . The County may, at its discretion and with
the consent of the Contractor, renew the Agreement under all of the terms and conditions contained
in this Agreement for three (3) additional one (1) year periods. In no event, including renewal
options, shall the Agreement exceed four (4) years. 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 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 five (5) firms to be pre-
qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide
complete services for Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations on an
as-needed basis as may be required by the Owner in accordance with the terms and conditions of
RFP #10-5450 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.
The procedure to be followed will be determined by the value of the project. The procedures for
projects are outlined below:
Procedures for projects with a value less than $3,000 are as follows:
· The project manager shall receive a quote (verbal or written).
Procedures for proiects with a value qreater than $3.000 and less than $50,000 is as follows:
· The project manager shall receive a written quote from at least one (1) of the selected
firms on contract. The written quote may be obtained electronically via the On-Line
Bidding System, email or written communication. Completion time shall be specified in
the quotation.
Procedures for projects with a value qreater than $50.000 and up to $100.000 are as follows:
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· Written quotations shall be solicited from at least three (3) of the selected firms. The
written quote may be obtained electronically via the On-Line Bidding System, email or
written communication. Completion time shall be specified in the quotation.
· Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
· Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Purchase Order - and modifications to the purchase
order will be per purchasing policy.
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for proiects with a value $100.000 to $200.000 are as follows:
· Written quotations shall be solicited from at least three (3) of the selected firms. These
quotes may be obtained electronically via the On-Line Bidding System, email or written
communication. Completion time and the collection of liquidated damages may be
specified in the quotation. A Performance Bond may also be required.
· Contractor shall respond with the information and/or proposal sought within seven (7)
business days.
· Owner may negotiate terms and conditions.
· Issuance by Owner of a numbered Work Order - and modifications to the work order
will be per purchasing policy.
· Certification of Final Completion required by County in order for contractor to receive
final payment.
Procedures for Proiects with a Value of $200,001 to $750,000 (annually, Collier County
generally has between four - six projects with an estimated value between $200,001 and
$750,000):
To fulfill Florida Statue 255.0525 for advertising competitive bids in this dollar range, a notice
of this solicitation was advertised in the local newspaper at the time solicitation #10-5450 was
available for public posting. Projects identified during the term of this resultant agreement
are forecasted in the Collier County's 2030 Long Range Transportation Plan. A copy of this
plan may be found at www.collieroov.net/lndex.aspx?oaoe=577.This financial plan outlines
the long range goals, objectives and requirements to maintain the County's transportation
system. In addition to the long range plan, the County has identified a number of more
specific projects that may be included as a result of the resultant agreement if funding
resources are available.
For projects with an estimated value between $200,001 and $750,000, the following quotation
process will be used:
· A "quotation process" shall occur among all contractors currently holding a contract for
10-5450. Specific project requirements, completion time the collection of liquidated
damages, and performance bond requirement if necessary, may be specified in the
"quotation." A Performance Bond may also be required.
· If the project is identified in Master Plan or project list attached (see Exhibit C), the
awarded contractors shall respond with their quoted proposals within seven (7)
business days of notification of the project. If the project is not identified in the Master
Plan or the project list, the County shall advertise the project as identified in Florida
Statute 225.0525.
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· The County may negotiate terms and conditions on a project by project basis.
· If a Performance Bond is required, Contractor shall provide within seven (7) business
days after notification of award.
· The contractor may not commence work until the County has issued a numbered Work
Order and Notice to Proceed; the County Attorney and Board of County
Commissioners approval is required prior to commencement of the work order.
· Certification of Final Completion is required by County in order for contractor to receive
final payment.
If an awarded contractor does not participate in the quoting process three (3) consecutive
times, the contractor may be prohibited from participating in the quoting process for six (6)
months and possible contract termination.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Mitchell & Stark Construction Company Inc.
6001 Shirley Street
Naples, Florida 34109
Attention: Brian Penner, CEONice President
Phone: 239/597-2165
Fax: 239/566-7865
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: Stephen Y. Carnell
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.
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5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
9. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for convenience with
a seven (7) day written notice. The County shall be sole judge of non-performance.
10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
11. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit 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 Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
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C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $1 ,000,00 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
12. 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 ContractorNendor/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.
13. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act as
a security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be
furnished using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent,
its right to do business in the State of Florida, or it ceases to meet the requirements
imposed by the Contract Documents, the Contractor shall, within five (5) calendar days
thereafter, substitute another bond and surety, both of which shall be subject to the
Owner's approval.
14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment,
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Contractor must provide Owner with a fully executed Release and Affidavit in the form
attached hereto as Exhibit "B" as a condition precedent to release of each progress payment.
All applications for payment, whether for full payment or a progress payment shall be in
writing, and in substantially the form attached hereto as Exhibit "C".
15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punch list items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the
whole or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or
reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of
the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3)
days written notice, rectify the same at Contractor's expense. Owner also may offset against
any sums due Contractor the amount of any liquidated or unliquidated obligations of
Contractor to Owner, whether relating to or arising out of this Agreement or any other
agreement between Contractor and Owner.
16.SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
17. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
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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 appl)
to claims for early completion, as well as to claims based on late completion.
18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a
result of the change. Except in an emergency endangering life or property, or as expressly set
forth herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct any
extra or changed work orally. Any modifications to this Contract shall be in compliance with the
County Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
19.COMPLlANCE 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.
20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
21.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or
any part thereof, it shall require that its assignee be bound to it and to assume toward
Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
23.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
25. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work
or materials of Owner or Owner's separate contractors, Contractor shall be charged with
the same, and any monies necessary to replace such loss or damage shall be deducted
from any amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner
that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is
legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner.
The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs
incurred by Owner associated therewith.
26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
the occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby.
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If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document thE.
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punch list.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F,
recommending that on the basis of his observations and inspections, and the Contractor's
certification that the Work has been completed in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and
payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
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prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete
the Work within the specified time period, Owner shall be entitled to assess as liquidated
damages, but not as a penalty, the amount specified in the Request for Quotation for each
calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
29.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Transportation Department.
30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set
out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 10-5450, any
addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Work Orders.
31.PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, seNice 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.
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32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work.
No markup shall be applied to sales tax.
34. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of
this agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
35. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
36.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
37.AGREEMENT TERMS:
otherwise unenforceable,
remain in effect.
If any portion of this Agreement is held to be void, invalid, or
in whole or in part, the remaining portion of this Agreement shall
38. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff person
who would make the presentation of any settlement reached during negotiations to County for
approval. Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State
of Florida. The mediation shall be attended by representatives of Contractor with full decision-
making authority and by County's staff person who would make the presentation of any
settlement reached at mediation to County's board for approval. Should either party fail to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
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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
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Fred W. Coyle, Chairman
Dated:
(Seal)
Mitchell & Stark Construction Company Inc.
Contractor
First Witness
By:
Signature
Type/Print Witness Name
Typed Signature
Second Witness
Title
Type/Print Witness Name
Approved as to form and
legal sufficiency:
Scott R. Teach
Deputy County Attorney
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EXHIBIT A
PUBLIC PAYMENT BOND
Bond No.
Contract No. 10-5450
KNOW ALL MEN BY THESE PRESENTS: That
, as
Principal, and , as Surety, located at
(Business Address)
are held and firmly bound to as
Oblige in the sum of ($) for
the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the
,20_, with Oblige for
day of
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20_, the name of under-signed representative, pursuant to authority of its governing
body.
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Signed, sealed and delivered
in the presence of:
3/22/2011 Item 9.A.
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
The foregoing instrument was acknowledged before me this of
,~ cl
corporation, on behalf of the corporation. He/she is personally
as identification and did (did
STATE OF
COUNTY OF
,a
known to me OR has produced
not) take an oath.
My Commission Expires:
(AFFIX OFFICIAL SEAL)
ATTEST:
Witness as to Surety
20_, by _
(Signature of Notary)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
(Printed Name)
OR
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Witnesses
As Attorney in Fact
(Attach Power of Attorney)
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20__, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
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EXHIBIT A-2
PUBLIC PERFORMANCE BOND
Bond No.
Contract NO.1 0-5450
WHEREAS, Principal has entered into a contract dated as of the _ day of
20_, with Oblige for'
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Perfonms the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because
of any default by Principal under the Contract, including, but not limited to, all delay damages,
whether liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in
or under the Contract and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
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This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of
20_, the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of :
PRINCIPAL:
By:
Name:
Its:
Witnesses as to Principal
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -17-
Packet Page -276-
3/22/2011 Item 9.A.
ATTEST:
SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20___, by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature of Notary)
(AFFIX OFFICIAL SEAL)
Name:
(Legibly Printed)
Notary Public, State of
Commission No.:
Page -18-
Packet Page -277-
3/22/2011 Item 9.A.
COUNTY OF COLLIER )
STATE OF FLORIDA )
EXHIBIT B
RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in
any way to the performance of the Agreement between Contractor and Owner, dated
200_ for the period from to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against the Owner arising out of the performance by
Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment
No._
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
[Corporate Seal]
The foregoing instrument was acknowledged before me this _ day of
, 20_, by
corporation.
, as
corporation, on behalf of the
of ,a
He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
Page -19-
Packet Page -278-
3/22/2011 Item 9.A.
EXHIBIT C
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
FROM:
(Contractor's Representative)
(Contractor's Name)
(Contractor's Address)
RE:
Bid No. 10-5450
Project No.
Application Date
Payment Application No.
for Work accomplished through the Date:
(Project Name)
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
Percent Work completed to Date:
Percent Contract Time completed to Date
%
%
Liquidated Damages to be Accrued $
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
.- received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
'ull all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been
paid for work which previous payments were issued and received from the OWNER and that current payment is now due;
(4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the
revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By Design Professional:
By OWNER'S Project Manager:
Page -20-
Packet Page -279-
(Signature) DATE:
(Type Name and Title)
3/22/2011 Item 9.A.
EXHIBIT D
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO. 10-5450
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated
,20_.
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions
of the Agreement:
FOR THE (Additive) (Deductive)
Sum of: $
($
Original Agreement Amount $
Sum of Previous Changes $
This Change Order (Add) (Deduct) $
Present Agreement Amount $
The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly,
the Contract Time is now L-...J calendar days. The substantial completion date Is and the
final completion date is . Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated
above, as fully as if the same were repeated in this acceptance. The adjustment, If any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein,
including claims for impact and delay costs.
Accepted:
,20_
CONTRACTOR:
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
Page-21-
Packet Page -280-
3/22/2011 Item 9.A.
EXHIBIT E
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page -22-
Packet Page -281-
3/22/2011 Item 9.A.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,20_
OWNER
By:
Page -23-
Packet Page -282-
3/22/2011 Item 9.A.
Type Name and Title
EXHIBIT F
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No.
PROJECT:
ENGINEER'S Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page -24-
Packet Page -283-
3/22/2011 Item 9.A.
The following warranty is attached to and made a part of this Certificate:
EXHIBIT G
Executed by Design Professional on
,20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
2004
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
,20_
OWNER
By:
Type Name and Title
Page -25-
Packet Page -284-
3/22/2011 Item 9.A.
EXHIBIT G
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free
of all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -26-
Packet Page -285-
3/22/2011 Item 9.A.
.~
Collier County
Board ot County commissioners
-
RFP 10-5450
"Asphalt Roadway, Concrete, Curb, Sidewalk and
DriVeway InstaUation"
Due Date: December 20, 2010,3 p.m.
.,
Brenda Brilhart, purchasing Agent
purchasing Department
purchasing Building "G"
Col\ier Countv Government Complex
3321 Tamiami Trail East, Naples, fL 34112
brendabrilhart@colliergOv.net, Email Address
rl39) 252-8446, TelephOne Number
l239) 252-6691, fAX Number
Packet Page -286-
--
,.
The "Wright" Choice
Since 1946
. 3/22/2011 Item 9.A.
Wnght ConstructIon uroup, mc.
9331 N. TamlmU Trail
Napl... FL 34110
(239) 513-1724
(239)514.2718
CGC-053444
December 16, 2010
Collier County Government
3327 Tamiami Trail East
Naples, Florida, 34112
Attention: Brenda Brilhart
Purchasing Agent
Regarding: RFP #10-5450
Dear Ms. Brilhart,
Wright Construction Group is very pleased to submit this Letter ofInterest and Qualification
Statement for providing the services described herein to Collier County. Based here in Southwest Florida,
our company has been providing roadway maintenance and construction services for both the private
sector as well as various city, county and state agencies throughout the State of Florida since the inception
of our Civil Division in 1998. At Wright Group, we understand the sensitivity of public demands on city
,... and county staffs as well as their appointed and elected leaders.
Through hundreds of hours of training resulting in numerous certifications statewide combined with many
years of experience, Wright is prepared to answer any call to perform the services of this request for
proposal. Our staff has the flexibility and diversity to perform any service from the smallest of jobs
including sidewalk construction, installation of parking stops and minor striping to the more complex
tasks of providing difficult arterial roadway turn lanes and maintenance of traffic.
At Wright, we understand that responsiveness, quality and quality control, cost consciousness and safety
for both the public and the members of our staff, for any given project, share equal concern. Our staff
will formulate a well planned scope with thorough ongoing review as the project proceeds to insure that
we meet those goals. Communication with the Collier staff is essential during this process and we intend
to maintain an open flow of progress reporting throughout any project's undertaking.
A thorough understanding of the applicable standards, methods of construction, repair and/or
maintenance, as well as a certified understanding in maintenance of traffic issues with many ofthese
projects is essential to providing the quality and safety expected of the successful respondent. The staff
members committed to this contract will have strong backgrounds and proper certifications for all aspects
of the scope of work contained in this RFP.
Wright Construction has been a member of the construction community for over 60 years and during that
time has developed a staff that commands versatility allowing for superior supervision, execution and
delivery ofthe various scope items described herein. As long term members of this community, our staff
has built a relationship with the construction community that allows us access to qualified and cost
,.. effective resources quickly and easily thereby saving time and expense for our clients as well.
Page 1
Packet Page -287-
.
.
.
W. h Co 3/22/2011 Item 9.A.
ng t nstrtJctlO~ uroup, IDC.
9331 N. Tamfami Trail
Naples. FL 34110
(239) 513-Jn4
(239)514-2738
CGC-0~3444
The "Wrigllt" Choice
Sinc~ 1946
As you will see in the following pages, Wright is committed to strong education and training of our staff,
(FDOT Pre-Qualified in multiple disciplines) and willing to take the lead in providing the appropriate
services with the highest of quality under safe conditions for the best cost and within the time frames
defined. Wright has built its reputation on the ability to perform as promised, while continually reviewing
our performance in search of improvement so that our client is a long term member of the relationships
that we like to maintain. We serve as an extension of our clients and look forward to servicing this
contract and the county staff members that manage it.
Wright Construction would like to thank you for this opportunity and respectfully request that you
consider our firm for this contract.
Sincerely,
George Andrew "Andy" Powell,
Vice-President
andVD@wril!ht~.com
239-513-1724
Packet Page -288-
r
r
r-
3/22/2011 Item 9.A.
~
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Sireet
Tallahassee, FL 32399-0450
STEPHANIE C. KOPELOUSOS
SECRETARY
May 20, 2010
WRIGHT CONSTRUCTION GROUP, INC.
5811 YOUNGQUIST RD
FT MYERS FL 33912
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
The Department of Transportation has qualified your company for the amount and
the type of work indicated below. Unless your company is notified otherwise, this
rating will expire 6/30/2011. However, the new application is due 4/30/2011.
In aooordance with S.337.14 (1) F.B. your next applioation must be filed within
(4) months of the ending date of the applioant's audited annual financial
statements and, if applioable, the audited interim finanei.al statamQI1ts. Section
337.14 (4) F.S. provides that your certificate will be valid for 18 months after
your financial statement date. This gives a two month period to allow you to bid
on jobs as we process your new application for qualification. To remain qualified
with the Department, a new application must be submitted subsequent to any
significant change in the financial position or the structure of your firm as
described in Section 14-22.00513), Florida Administrative Code.
MAXIMUM CAPACITY RATING: $47,550,000.00
FOOT APPROVED WORK CLASSES:
DRAINAGE, FLEXIBLE PAVING, GRADING, INTERMEDIATE BRIDGES, MINOR BRIDGES, R&R MINOR
BRI DGES
FOOT APPROVED SPECIALI~ CLASSBS OF WORK:
SEWER & WATER TREATMENT PLANTS AND SIDEWALK
You may apply, in writing, for a Revised Certiflcate of Qualifi<'atton at anl' tJ.me
prior to the expiration date of this certificate according to Section
14-22.0041(31, Florida Administrative Code. Please be advised if certification
in additional classes of work is desired, documentation is needed to show that
your company has done such work with your own forces and equipment or that
experience was gained with another contractor and that you have the necessary
equipment for each additional class of work requested.
Sincerely,
cY<!~ ~
Juanita Moore, Manager
Contracts Administration Office
JM:cj
www.dot.state.fl.U5
* REC'<Q.fO PAPER
Packet Page -289-
.
.
.
~
Florida Department of Transportation
3/22/2011 Item 9.A.
CHARLIE CRJST
GOVERNOR
605 Suwannee Street
Tallahassee, Fl 32399-0450
STEPHANIE C. KOPELOUSOS
SECRETARY
~.eI'><,o...
t'iL ':.
~... ',:::iJ...;
~"I"""
SURETY CAPACITY ELIGIBIUTY OETERMINA nQN-
FIRM NAME
Wright Construction Group, Inc.
Rm
5/17/10
CURRefr Dna FACTOR
ABIUTY SCORF.
2.00
La. than 1.00 a Not Eligible for Inctealed Bidding Capacity
1.00 or Grutw.. ElIgJbI.
80
Leas than 88 .. Not BIgIbI. for InCl'NS8d
Bidding Capacfty.
80 - 90.. See TllbIe for Surwty Mullfplier.
Greater than 90.. Amount Shown on
Surety Letter.
TABLE
ABIUTY SURETY
SCORS llIL1LnPUER
.......
80
81
82
83
84
8.
86
87
88
89
90
.90
SURETY CAPACITY FORMULA
(SURETY MUl.llPUeR X MAXIMUM CAPACITY RATING X cONSTlWcnON REVEHUeSITOTAL R:EVENU9J
(S.M.) (MeR) (CRVITRV)
3 X $47.550,000.00 X 1.00
l8J!IJ
3..
3.'
3.8
'.2
'.6
...
5.6
6.Z
6.8
7.'
8.0
No limIt 10 ..iglbllty for SUQty bacbd SId c.P'lclty
.. P1eese 8" Rule 14--22 for information l'WgBrdlng surety caJculations.
EQUALS SURETY CAPACITY ElIGlBILTY
$142,650,000.00 'Per Con"""cH... Approval
Packet Page -290-
TAB II, Proposer's Credentials, Previous Performance .3/22{201lItem 9.A.
,.... PROJECT UNDERSTANDING
Wright Construction Group understands Collier County's desire to pre-qualify contractors to provide services for the
. Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations' contracts. Further, we understand the benefit
of this pre-qualification process to provide a reliable resource for Collier County public works projects while minimizing
procurement durations. While we have been providing general contracting and project management services for over
60 years, twelve years ago, we recognized a need to provide industry specific services for roadway, environmental,
and civil based projects in Southwest Rorida.
To provide those services, we developed a Team of seasoned and experienced civil based staff that has combined over
200 years of experience in Southwest Florida constructing roads. earthwork and grading, drainage, underground utili-
ties, curbing, sidewalks, as well as providing environmental services including remediation, storm water treatment, and
groundwater control.
We then supplemented this seasoned staff by combining training and qualifications in multiple aspects of FOOT CTap
areas and FDEP Stormwater Management. The result of these efforts has been multiple pre-qualifications with various
City, County and State agencies throughout Rorida including FDOT pre-qualifications in Rexible Pavement, Grading,
Drainage, Sidewalks, Minor Bridge, Intermediate Bridge, Minor Bridge Repair and Rehabilitation, Water and Wastewater
treatment with a current capacity of over $142,000,000.
~.
We understand Collier County's requirement to have highly skilled, industry specific personnel performing these ser-
vices. We understand the need to provide cost effective completion of each project whether it be a small sidewalk re-
placement for $5,000 or a major Intersection improvement for $1 ,000,000. We understand the process described in
the Request for Qualifications and have the ability to exceed Collier County's requirements for any project large or small
in constructing any civil based roadway or site related project. Some examples of those projects are listed beiow with
detailed information, as requested.
Additionally, we understand all procedures reqUired within the request for proposal related to the acquiring cost propos-
als for each value category and the potential scopes to be contained therein as referenced In the Exhibit C, Potential
Project List. As required by this RFP, we are qualified and will be responsible for 51% or more of the solicitation
amount of the work as set forth in requirements.
,..
Page 5
fHI!!!
RFP 10.5450 "Asphalt Roadway, Concreta, C".h !:;........Ik ..ntl nriveway Installation"
Packet Page -291- .
TAB II, Proposer's Credentials, Previous Performance _-?LPJ..?n.t!t~!:r'-~.!-.
.
BUSINESS HISTORY
Founded in 1946, Wright Construction is a full service construction firm delivering construction management, general
contracting and design/build services to public and private clients for both civil as well as building related projects.
Wright Construction Group delivers high-Quality construction services and maintains a corporate philosophy of honesty
and integrity with a focus on total client satisfaction. Wright Construction has been in the construction business for 63
years and has been located in Southwest Rorida since 1981.
Wright Construction Group, Inc. is a Rorida Corporation and is owned solely by Fred M. Edman.
The Corporate Officers are:
. Fred Edman, President
. G. Andy Powell, Vice President
. Fred Edman, Secretary
. Mitch Bue/tel, Treasurer
.
Operating from our office in Collier County, Wright Construction will make every effort to use local, Collier County busi-
nesses in all construction projects located in and around Collier County. Wright Construction Group will advertise lo-
cally to ensure subcontractors and suppliers in Collier County are aware of the project and have the most opportunity
to participate in lhese projects. In addition, Collier County subcontractors are in our data base of qualified subcontrac-
tors and will be utilized in lhe event of any award of contracts to Wright Construction throughout Florida.
RECENT EXPERIENCE
.
Recent roadway and site related experience ranges from improvement of a two lane arterial roadway into a four lane
roadway for Sarasota County (January 2011 Completion) including major MOT coordination, drainage, curbing, signali-
zation, earthwork and grading, and significant utility coordination to constructing turn lanes for lhe Collier County
School Board on Golden Gate Parkway. Other relative projects completed within the last 5 years Include: US 41 and
Pompano Intersection Improvements (City of Punta Gorda;Charlotte County), SR 80 Roadway and Utility Improvements
(City of Fort MyersIFDOT), Anna Maria Bridges Rehabilitation (FOOT/City of Ann Maria), Airport Road Turn Lane Im-
provements (Target Stores), Immokalee Sidewalk Improvements for Eden Park Elementary School (CCSB/Collier
County), multiple parking lots and sport track construction for Collier County School Board, Bridge & Culvert Improve-
ments (City of Fort Myers/FOOT), Billy Creek Filier Marsh (City of Fort Myers, SFWMO/Lee County)and major site im-
provement projects for various private concerns.
One of lhe most serious issues on many projects lhal the services provided in this RFP contains is the safety and fluid
movement of traffic, pedestrians and the ability to limit damages to existing businesses adjacent to the project site.
Wright works diligently to provide the least intrusive methods with the safest possible outcome In mind. Fruitville Road
in Sarasota is a prime example of lhat as described herein.
Each of lhese projects required performing every aspect of the potential work included in this RFP. Recent experience
includes, but not limited to, maintenance of traffic, earthwork, paving, drainage, concrete curbing and sidewalks, bridge
repair & rehabilitation, milling, asphalt rehabilitation, underground utilities, utility coordination, demolition, signalization,
street lighting, permeable pavers, striping and signage.
We are currently constructing the Moorlingline Bridge Rehabilitation for FOOT/City of Naples (proViding a project spe-
cilic quality assurance seminar for FOOT, CEI and project staff for completing piling calhodic protection) and are proud
to be Teamed with WilsonMiller on four current design build projects for FOOT and Charlotte County and are shortlisted
on another for the City of Pompano Beach.
Page 6
1M!!!
RFP 10.5450 "Asphalt Roadway, Concrale. r"'~ <"~...._I. ..~ n.;veway IlIIlallation"
Packet Page -292-
TAB II, Proposer's Credenllals, Previous Performance 3/22f201l1tem 9.p...
~ PAST PERFORMANCE
FOOT Anna Maria Bridge Repairs
Contract Type: DesignlBuild
Estimated Cost: $410,427.00
Completed: April 2010
Owner: FDDT-Dlstrlct One
Contact Felipe Alvarez
Address: 801 North Broadway Ave
Bartow, FL 33830
Phone: (863) 519-2610
fA
This project consisted of miscellaneous concrete spall repairs and improvements to two bridges in the City of Anna
Maria Rorida. This project was unique in that the original RFP required Cathodic Protection of the existing piles. After an
in depth investigation by the Design Build team it was discovered that both bridges were in dire need of many more
structural repairs that were not listed on the inspection reports. II was also determined by the Design Build Rrm (DBF)
that the Cathodic Protection was needed but not criticaL The DBF, in an effort to keep costs at a minimum to the owner
elected to deleted the cathodic protection and perform the needed repairs for a much lower cost Other repairs con-
sisted of replacing the sand cement rip rap, replacement of the concrete deck and approach slabs as well as milling,
resurfacing and new paving, curb and sidewalk replacement. Near the end of the project additional critical repairs were
needed to bring the structure up to current codes. This Inlcuded installation of an cast in place diaphragm between the
beam webs in less than a week. The project was still completed on time with a ZERO punchlist.
Scour Counter Measures at Bridge No. 040004 along CR761 Desoto County
Owner.
Contact:
Address:
FOOT-DIstrict One
Felipe Alvarez
801 North Broadway Ave
Bartow, FL 33830
(863) 519-2610
$348,600
Phone:
Contract:
,.
Description: Design/Build - Low Bid Project
Design, permitting, and construction of over 2,000 SYof grout filled subaqueous mattresses under a 900' long bridge
over the Peace River. The project includes maintenance of traffic (MOT) on the bridge during construction to accom-
modate grout pumps and ready mix trucks as well as daytime lane closures on V. mile long bridge using signalization
at each end of the bridge rather than f1aggers.
Status: Design complete, permits issued, awaiting owners sovereign land easement to begin construction. It is esti-
mated that the project will be complete by March 1" 2011.
Page 7
RFP 16-5450 "Asphalt Roadway, Concrete, r.llrh lllflAWRlk And Driveway Installalionw
Packet Page -293-
rHI!I!
TAB II, Proposer's Credentials, Previous Performance }L22J.?9Ult~rn9.t\.
US 41 / Pompano I Shreve Geometric ImprovemBllt Project
Contract Type: Prime Contractor
Contract Amount: $372,251.00
Completed: April 2010
.
Punta Gorda Contacts:
Primary:
Unda Sposito
Public Worf<s Project Manager
3130 Cooper St
Punta Gorda. Fl 33950
941-575-5050
941-575-5044 (F)
Secondary:
Mark Gering
City Engineer
(Address same as above)
941-575-5030
941-575-5044 (F)
.
This project included:
. Maintenance of Traffic
. Involved daytime work zone operations as well
as night time roadway reclaiming and paving
operations through a major intersection utilizing
uniformed officers.
. Erosion / Sediment Control/Environment
. Clearing & Grubbing
· Utility Adjustments and Relocations
· Drainage Systems Improvements
· Signalization, including Directional Bores
· Turn Lane Additions
· Roadway Widening
· Pavement Reconditioning
. Milling
. Resurfacing
.
Page 8
RFP 10-5450 "Asphalt Roadway. Concrete, r...h ~ld6."..I. ..nd n.iveway Installalion"
Packet Page -294-
tW!!!!
~
~
~
TAB II, Proposer's Credentials, Previous Performance 3/22/2011 Item 9.A.
. -
City of Naples Bridge (Moorlngllne Drive over Doctor Pass Inlet)
Contract Type:
Estimated Cost:
Estimated Completion:
Owner:
Contact
Address:
Phone:
Engineer:
Contact
Address:
Phone:
Fax:
Design I Build
$729,800.00
March 2011
FOOT-District One
David Holden
801 North Broadway Ave.
Bartow, FL 33830
(239) 646-7852
WilsonMillerlStantec
Ralph Verrastro, P.E.
3200 Bailey Lane, Ste 200
Naples, FL 34105
(239) 649-4040
(239) 643-5716
Wright Construction Is responsible for survey, geotechnical investigation, design, and acquisition of all pennits, any modifica-
tion of permits, MOT, demolition, and construction (Project Management). Wright is also coordinating all utility relocations.
Scope Includes:
1. Installation of Department approved, 3 sided galvanic cathodic integral structural jackets
2. Replacement of existing approach slabs and stabilize fill to prevent erosion of backfill with chemical Injection or other ap-
proved means
3. Mill and resurface approaches
4. Seal open wall joints with grout
5. Reconstruclion of curb and gutter
6. Deck Joints Construction concrete headers and silicone expansion joints
7. Concrete restoration - provide concrete restoration to include crack injection (if necessary) and spall repair of deteriorated
concrete
8. Replace bridge and approach slab concrete barriers
9. Replace guardrail attachments to concrete bridge barriers
10. Repair longitudinal asphalt cracks
Page 9
fH!I!!
RFP 10-5450 "Asphalt Roadway, Concrate. r--.rh !l;~.w..l~ ..n~ Driveway Installation"
Packet Page -295-
TAB II, Proposer's Credentials, Previous Performance 3/22f2011Item 9.p...
.
Slate Road 80 Road and Utility Replacement Project
Contract Type: Prime Contractor
Contract Amount: $14.266.566.00
Final Amount: $12.879,895.00
Savings of $1,386,671.00
575 Days
2008
Contract Period:
Completed:
Owner:
Contact:
Address:
City of Fort Myers
Saeed Kazemi, P.E.
2200 Second Street
Fort Myers. FL 33902
(239) 321-7459
(239) 344-5943
Phone:
Fax:
.
The project included the complete reconstruction of west
bound 1" Street (SR 80) from Fowler Street east to Sea-
board Street in downtown Fort Myers. This portion of road
is the main west bound artery from 1-75 into downtown
Fort Myers passing historical homes, several businesses
and high rise residential units to which access must be
maintained. Most of the underground and overhead utili-
ties required relocation or replacement during the con-
struction process.
Maintenance of traffic (MOT) was a major project require-
ment. Involved setting up and maintaining detours around
the project for a period of 15 months, daytime flaggers for
local traffic within the work zone, night time operations in two major intersec-
tions requiring the use of uniformed officers as well as lane closures, and we
were also required to setup rolling daytime lane closures for milling and pav-
ing operations.
Utility construction included bypass pumping of an existing 24" sanitary sewer
to maintain service while installing a new 3D" sewer main and also maintain-
ing 2" through 12" potable water mains while replacing them with new 12"
and 16" mains. The project also required the relocation of all existing public
utilities including electrical transmission and distribution lines, natural gas
mains, and telephone and fiber optic communications cables. New services
were provided for each business and residence while drainage systems were
completely replaced.
.
Page 10
l14I!!!
RFP 10-5450 "Asphalt Roadway, Concrete, f.urh !:iriQ"",lt .nn nrjvBway 1ll$lallation"
Packet Page -296-
TAB II, Proposer's Credentials, Previous Performance 3/22!2011Item 9.~.
..,
FrullYllle Road Widening, Phase II
Contract Type: Prime Contractor
Estimated Cost: $8,557,903.00
Estimated Completion: January 2011
Owner: Sarasota County
Contact: Ryan C. Newcomb, P.E.
Address: 1001 Sarasota Center Blvd.
Sarasota, FL 34240
Phone: (941) 861-0896
Fax: (941) 861-0762
("""
The Fruitville Road project is a 4 lane reconstruction project
localed in Sarasota County stretching from 1-75 to the East
approximately 2 miles. Fruitville Road is a County project
constructed per FDOT Standards with County Supplemental
Specifications. The project included $1.8 million in storm
water systems, "F" Curbing, "D" Curbing, 16" potable water
line, new signalization with interconnect, street lighting and
guardrail. Hardscape included brick paver crosswalks,
paver medians, permeable paver sidewalks and picket rails.
The project duration is 15 months with a value of 8.5 Million.
The largest project challenge was MOT. Fruitville Road is a
major artery for commuters and required daily coordination
with Sarasota County. The project was completed with no
road closures to Fruitville Road. MOT was critical and in-
cluded a large amount of temporary paving and traffic shifts.
Also utilized were night utility crossings and traffic shifts to
minimize traffic impact. Intersections were constructed in
such a manor as to allow traffic at all times. The project is
currently ongoing and is scheduled to be complete within the
Contract duration in January 2011.
,..
Page 11
RFP 10-5450 "Asphalt Roadway, Concrete, r.llrh !Ii_It .n~ ""veway Installation"
Packet Page -297-
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TAB II, Proposer's Credentials, Previous Performance }L22I.?gU}t~Q19.~.
.
Big Cypress Elementary School Roadway Improvements
Contract Type:
Contracl Amount
Contract Period:
Owner:
Contact
Address:
.
Prime Contractor
$566,178.00
Completed August 2009
School District of Collier County
Fai Chan
5775 Osceola Trail
Naples, FL 34109
Phone: (239) 377-0240
Fax: (239) 377-0231
This was a challenging project because the job started just
after the school year and needed to be completed over
Summer Break before the students returned to school. All
permitting with our Local Government Agency and the
Transportation Department needed to be expedited, The
purpose of this project was to change the entire logistics
of the parent and bus transportation methodology to in-
crease the efficiency. It included renovations to the parent
pick-up and drop-off parking lot and to the second parking
lot which was to be utilized as a bus loop. It also included
a new turn lane on Golden Gate Blvd. for the bus loop
parking lot along with new signalization at two intersec-
tions. Detailed coordination with the Collier County Gov-
ernment was needed for MOT (Index 6t3) for the turn lane
and daily MOT for the parking lots to keep day to day
teacher and summer school activities organized and
safe. Along with the turn lane, approximately '.4 mile of
median renovations were required. The median renova-
tions included iandscape, irrigation, pavers, curbing, and
restriping. Between the median renovations and the lum
lane construction, the project required related drainage
improvements and extensive utility adjustments (new!
existing) which included relocation of a major fiber optic
cable. BMP's were maintained during the entire construc-
tion process until project completion and soil stabiliza-
tion. Rnally, aluminum walkway canopies were installed at
both parking lots to protect the students and teachers from
the elements. In summary, even with the schedule con-
straints and many unforeseen conditions that are inherent
in a project of this nature the job finished on time and
within budget.
.
Page 1 2
RFP 10-5450 "Asphalt Roadway, Concrete, r...h ~"'AU'AI. and n'iveway Inslallation"
Packet Page -298-
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TAB III, Co_3/22/2011Item 9.~.
Provide Hourly Rates Below:
Cost per hour per emplo~ee for regular business hours Monday through Friday, 8:00 a.m. to 5 p.m.
Foreman! Supervisor
Skilled Worker
General labor
per hour
per hour
per hour
$72.00
$45.00
moo
Percentage of mark-up over actural cost for materials and parts as per example: 15%
Cost Per hour per employee for Overtime and Weekend Hours
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Skilled Worker
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Foremena's per hour rate + 2 general laborer's rate + ($1,OOO[cost 01 parts) + % mark-up) = bid
for purpose of evaluation. $1.282.00
Page 20
IW!'!!
RFP 10-5450 "Asphalt Roadway, Concrete, ......h <';"owal~ ann n!iveway Installation"
Packet Page -306-
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TAB IV, Slaff. _31~~/20U It~rn 9.A.
A. DESCRlPnON OF OUR TEAM
Project Executive-The Wright Team proposed for your Roadway Projects consists of dedicated. highly skilled and
experienced personnel. Leading this team as the Proiect Executive is G. Andv Powell. who serves as the Vice Presi-
dent of Wright Construction Group's Civil Division. Mr. G. Powell brings over 34 years of construction experience to
the project Mr. G. Powell has completed over 100 major civil engineering and infrastructure improvement contracts
valued at over $1 Billion dollars throughout North America. primarily in Southwest Florida. Mr. Powell will be the Chief
Liaison between Wright Construction and the Collier County Government As a hands-on Project Executive, you are
assured of Mr. G. Powell's on-site involvement and leadership. With your projects under Mr. G. Powell's direction,
Collier County may be assured of contract cohesiveness and a quality product.
Project Manager-The Senior Prolect Manaoer Is James "Jim" Powell. who will be the single point of contact on-site
for all Owner Representatives. Mr. J. Powell brings over 36 years of heavy highway and utility experience. With Mr. J.
Powell's subcontractor relationships already developed. his vast knowledge of unit pricing and production rates, along
with his commitment to the project schedule. we are confident that your projects can receive the detailed management
that is required. .
General Superlntendenl-Reporting to Mr. J Powell is another west coast Florida construction veteran with over 38
years of experience. General Suoerintendent. Garnet McCurdv. Mr. McCurdy and Mr. Powell have a strong relationship
spanning over 20 years together, sharing similar commitments to project execution, subcontractor management.
scheduling, quantities and pricing, and providing the best value to our clients in a manner that exudes professionalism
throughout 1I1e project timeline. Mr. McCurdy's abilities will be clearly evident in assuring 1I1at your projects meet all of
the schedule milestones as determined by the Owner, and that the quality of the construction meets or exceeds all
standards.
Chief Civil Estimator / Assistant Project Manager-Providing crucial project data is our Chief Civil Estimator and As-
sistant Project Manauer. Ken Bell. Mr. Bell reflects over 30 years experience in the local region, providing invaluable
insight to project details, costs, subcontractor agreements and material provider relationships. Mr. Bell's subcontractor
and material provider relationships in the civil and road building industry are unrivaled in the entire Florida west coast
region, further providing confidence to the Collier County of the Wright Team for your projects.
Ass/slllnt Project Manager /Scheduler-Reporting to Mr. J. Powell and supporting Mr. McCurdy is our Assistant Pro-
iect Manauer and Scheduler. Neil Monkman. Mr. Monkman has over 30 years of experience in construction manage-
ment, engineering, subcontracts, submittals and scheduiing, which will provide assurance to Collier County of our
commitment to current and accurate project documentation, and scheduling of all facets of road and utility projects
start to finish. Mr. Monkman brings high energy and focus to his assigned duties, reflecting our promise of timely and
accurate project documentation, with the complex goal of exceeding overall project tracking and reporting require-
ments.
Superintendents-Reporting to the General Superintendent, Mr. McCurdy. will be Suoerintendent Andrew Powell and
Jeff KellY. B01l1 Mr. A. Powell and Mr. Kelly bring over 10 years of local roadway construction experience managing
multiple subcontractors on substantial civil projects. Our Superintendents, as well as our other proposed staff holds
multiple FDOT, OSHA and FDEP certifications relative to the work they will manage. Mr. McCurdy, Mr. A. Powell and
Mr. Kelly perform 1I1e wheels on the ground activity that occurs with projects of this type, and with a solid history of
adhering to contract plans, specifications and mandates, your projects will receive non-stop attention to detail, day and
night They have an excellent working relationship. and with their "team" attitude consistently displayed on the con-
struction site, they have earned the respect of our Ciients, Subcontractors, and Wright Construction.
Page 21
Ilif!!!!
RFP 10-5450 "Asphah Roadway, Concrete, r...h "'d.....'. .nd "riwway Installation"
Packet Page -307-
.
.
.
TAB IV, Staff. }1~U~_QJ1IJ~!:1]__~:.~.
PLAN OF APPROACH
Depending upon the nature of each request for proposal, we will assign one of our civil estimators to complete the cost
proposal for the specific request Andy Powell, Jim Powell and Ken Bell have a combined 100 years estimating exclu-
sively roadway, underground and civil based projects in Southwest Rorida. Each of these estimators understand that
communicating with the Collier project manager is a key to understanding the scope and any unusual circumstances
that may exist. That awareness and open communication tends to limit misinterpretation and thereby saves on cost
and time constraints.
Upon acceptance of the proposal by Collier County, a Project Manager will be selected to provide the project lead. Pro-
ject Managers will be selected based upon the particular project reqUirements and complexities thereof. The project
manager assigned will be responSible for scheduling, procurement and potential subcontractor's coordination to en-
sure that each project is completed with skill and in a timely manner.
Again, depending upon the particular projects requirements, a project superintendent will be assigned to oversee all
field operations. Our General Superintendent will coordinate field activities with the project superintendent, which will
provide redundancy in case issues arise that could preclude the superintendent from being onsite at any time. This is
particularfy important when major MOT operations are in process such as lane shifts which could require completion at
night while you wish to continue production operations during the day. Our supervisors are all pre-qualified in Ad-
vanced MOT as well as many other pertinent qua/ifications.
The project superintendent will arrange and coordinate the necessary crews and/or subcontractors and quality assur-
ance personnel for the completion of each task of work required by the project schedule. Wrfght has accumulated the
resources to pemit us to staff all projects that the services herein require while taking advantage of competitive pricing
from the various sources available. The project superintendent will provide onsite project supervision and direct field
operations all while communicating with the project manager and general superintendent. The project superintendent
will manage a safe site and complete daily reports of jobsite activities until completion of the proposed work authoriza-
tion. Safety meetings as appropriate as well as job progress meetings will be conducted.
Page 22
rHI!!!!
RFP 10-5450 "Asphalt Roadway, Concrete, r..... ."...._I~.... nrlveway Installation"
Packet Page -308-
G. Andy Powell-Vice President
Andy has over 35 years infrastructure, road, utility
and civil site experience in Southwest Rorida. He
began his career in 1974 assisting the Project Su-
perintendent on a utility expansion and road re-
placement project in Cape Coral. From that initial
experience, Andy has held every position possible
from the hands-on operation of heavy equipment,
asphalt paving, pipe installation and field crew su-
pervision; to Estimator, Project Manager, Con-
struction Manager to Project Executive.
Each phase of his career has advanced his knowledge of civil construction and
broadened his experience in the region. Andy's experience In Florida civil construc-
tion has included well over 100 projects exceeding a value in excess of $1.0 bil-
lion.
(-
Representative Prolects
SR 80 (First Street) Fort Myers
Construction of drainage. utility
and roadway improvements on
First Street (SR 80) from Fowler
Street to Seaboard Street through a
historical district in downtown Fort
Myers, FI. The project involved
right-of-way to right-of-way recon-
struction and replacement of all
public and private utilities including
potable water, sanitary sewer,
storm drainage, underground and overhead electrical, telephone, fiber-optic,
and cable television. Road improvements included complete reconstruction of
the existing 30' road surface to 34' including designated bike lanes with asso-
ciated curb, sidewalks, signalization, street lighting, grading, bridge ap-
proaches, landscape and irrigation. Fort Myers
Billy Creek FiUer Marsh
Major earth wor1l, grading and development of Riter Marsh for SFWMD, the
City of Fort Myers and Lee County. Fort Myers, FL.
US 411 Pompano Shreve Geometric Improvement Project
General Contracting services for intersection signalization and roadway im-
provements. Punta Gorda, FL.
Eden Park Elementary School Site Development
Complete site development for a new school within the Collier County School
District. The Project included widening existing roadways, relocating existing
utilities, installing new underground utilities and drainage, constructing new
roads, maintaining traffic to preserve access to eXisting homes, and off-site
improvements. Collier County School District
r
Page 23
Packet Page -309-
3/22/2011 Item 9.A.
Total Years of Experience: 35
Years at Wright: 11
Education:
Miami-Dade South Junior College
- Architectural Drafting
- Materials of Construction
- Surveying
- Accounting
- Physics
University of South Rorida
- Accounting
- Calculus
- Science
- Speech
Certifications! Licenses:
. CTQP (FOOT) Intermediate
MOT
. Rorida Certified Underground
Utility/Excavation Contractor
. Rorida Class V Fire
Contractor
. OSHA Supervisor Trained
. Competent Person Trained
. 40 Hr HazWopper (Hazard
Waste) Trained
.
Sl Petersburg Reuse/Force Mains
Included removal & replacement of existing brick streets and granite curbing.
City of Florida City Water Distributions System
Installation of water distribution system & services throughout the city.
Del Prado Boulevard Roadway and Drainage Improvements: Phase 1
Reconstruction of Del Prado Boulevard from Coronado Parkway to Hancock
Bridge Parkway with Drainage Improvements. Installation of Curbing, Sidewalks,
etc. City of Cape Coral
Southwest Florida International Airport
Construction of airport parking aprons, taxiways and perimeter roads and drain-
age improvements at SWFIA. Lee County
Eight lakes Sewer, Water, and Roadway Improvements
Construction of over 35 Miles of sewer, water, and roadway improvements in
Southwest Cape Coral. City of Cape Coral
Shell Point Boulevard Roadway Improvements
Re-construction and widening of Shell Point Boulevard including utimy improve-
ments from McGregor Boulevard to Canaan Street in South Fort Myers. Lee
County DOT
Midpoint Center-Target
Site development and offslte roadway improvements. Cape Coral
Twin Eagles Development
Complete Site Development for Residential Community. Phase 1 includes sani-
tary sewers, lift stations, force mains, water distribution mains. water transmis-
sion mains, primary & secondary roadways. Naples
Jetport Interstate Commerce Park/Interstate Commerce Park
Complete site development for commercial/industrial area, Includes sanitary
sewers, force mains, lift stations, wastewater treatment plant site work, water
distribution mains, primary and secondary roadways. Fort Myers
Green Boulevard Construction
Construction of Roadway and Drainage in Golden Gate Estates. Collier County
Cape Coral Industrial Park
Sewer improvements. Cape Coral
Raw Water Mains and Well Head Construction
Reverse osmosis plant. Cape Coral
Santa Barbara Boulevard
Sanitary sewer improvements. Cape Coral
Sanitary Lilt Station Construction
Construction of 32 Sanitary Lift Stations. Cape Coral
36"/30" Parallel Reuse/Force Main
Installation through existing city streets. Saint Petersburg
Secondary Roadway Improvements
New bus access road and street lighting. Naples FL
Texaco Relinery
Construction of a lNAPlJDNAPl, contaminated groundwater collection and
.
.
n.......... 'lA
Packet Page -310-
G. Andy PI 3/22/2011 Item 9.A.
,
3/22/2011 Item 9.A.
James R. (Jim) Powell, Jr.-Project Manager/Estimator
As Project Manager, Jim Powell is responsible for
assuring a quality project that is on time, within
budget, and contractually compliance. Jim is a re-
sults-oriented professional, accumulating more than
40 years of progressive accomplishments in infra-
structure, environmental, and remedial action pro-
jects. Jim uses his many areas of expertise to organ-
ize and manage the construction strategies for each
project. His role involves assessing project require-
ments, developing proposals, negotiating contracts,
and organizing resources.
Jim follows all projects from inception to completion to ensure compliance with regu-
latory bodies and contract spec~ications. Jim is known for his subcontractor relation-
ships, his vast knowledge of unit pricing, production rates, and his commitment to
project scheduling.
Representative Proiects
SR 80 (First Street) Fort Myers
Estimator / Project Manager for con-
struction of drainage, utility and road-
way improvements on First Street
(SR 80) from Fowler Street to Sea.
board Street located in downtown
Fort Myers, FL., Responsible for
MOT, erosion control, clearing &
grubbing, excavation, embankment,
paving, retaining walls, drainage,
curbing, guard railing, signage &
pavement markings, signalization, street lighting, sanitary sewer, and potable wa-
ter. Fort Myers, FL
r
Total Years of Experience: 40
Years af Wright: 6
Education:
Purdue University, West Lafay-
ette, Indiana, Civil Engineering
. Construction Law
. Time Management
. Spread Sheet Modeling
. Project Management Funda-
mentals
US 41/ Pompano / Shreve Geometric Improvement Project
General Contracting services for intersection signalization and roadway improve-
ments. Punta Garda, FL.
Eden Park Elementary School Site Development
Complete site development for a new school in Collier County including widening
existing roadways, relocating existing utilities, installing new underground utilities
and drainage, constructing
new roads, maintaining traffic
to preserve access to existing
homes, and off-site improve-
ments. Collier County School
District
r-
P~ng ?'l
Packet Page -311-
Certilicallons
. ClOP (FDOT)
- Intermediate MOT
- Asphalt Maintenance &
Road Repair
. OSHA 1910.210 Supervisor
Jim PowelJ-Estim 3/22/2011 Item 9.A.
Fort Myers Yacht Basin
Dock reconstruction including installation of new piling, piers, docks, electrical and
.OPE fire line at Ft. Myers Yacht Basin. Fort Myers
Twin Eagles Phase 1
Project Manager for sanitary sewers, lift stations, force mains, water distribution
mains, water transmission mains, primary & secondary roadways. Naples
Del Prado Boulevard Expansion
Multi-lane roadway widening and major drainage improvements for 6.5 -miles seg-
ment of major roadway in City. Lee County & Cape Coral Florida
Eight Lakes Sewer, Water and Roadway Improvements
Construction of over 35 Miles of sewer water and roadway improvements in South-
west Cape Coral. Cape Coral
Green Boulevard Construction.
Construction of roadway/drainage, Etc. Golden Gate Estates, Collier County
Coronado Parkway Roadway Improvements-Phase I
Reconstruction and Widening of Coronado Parkway from Cape Coral Parkway to the
Yacht Club, including drainage improvements, reuse main installations, sidewalks, and
curbing City of Cape Coral
Coronado Parkway Phase II
Drainage Improvement from Del Prado Parkway to Cape Coral Parkway, Cape Coral,
Better Roads
.
Southwest Florida International Airport
Construction of airport parking aprons, taxiways and perimeter roads and drainage
improvements at SWFIA. Lee County
Everglades Boulevard Golden Gate Estates
Project Manager for Primary Roadway Construction of 5-miie segment.GAC, Collier
County
Coach House Development
Project Manager for Installation of sanitary sewers, force mains, lift station, water dis-
tribution mains, drainage, & secondary roadways. Boca Raton
The Club Estates
Project Manager for sanitary sewer, lift station, force mains, water distribution mains
& secondary roadways, Naples
Jetport - Interstate Commerce Park
Project Manager for sanitary sewers, force mains, lift stations, wastewater treatment
plant site work, water distribution mains. primary & secondary roadways Fort Myers
Barron Collier High School
. Project Manager for secondary roadway improvements. new bus access road, &
street lighting. Naples
Page 26
Packet Page -312-
3/22/2011 Item 9.A.
Neil Monkman-Project & Quality Control Manager
Neil Monkman is a Project Engineer with 31 years
of progressive experience in the construction in-
dustry. He has served as a Construction 1 Project
Manager, Resident Engineer and Inspector on sev-
eral high profile bridge, roadway, and civil s~e pro-
jects throughout the United States. He has excel-
lent training and certifications in a wide variety of
related disciplines, has received 47 awards and
commendations for safety, and is dedicated to
achieving a ZERO punch list on every project.
Reoresentative Proiects
US 411 Pompano / Shreve Geomelrlc
Improvement Project (Right)
General Contracting services for
intersection signalization and
roadway improvements. Punta
Gorda, FL.
(
Anna Maria Bridge Repairs (Right)
Wright Construction is providing
Design/Build services for the
rehabil~ation of two bridges. ARRA
project. Anna Maria Island, FL
(FD07)
Bridge & Culvert Repairs Project-
Project Manager (Right)
Numerous repairs to existing
bridge overpasses and box
culverts throughout the City of Fort
Myers, including new pavement,
epoxy crack injection, sidewalk
replacement, fabric formed rip rap
installation, RCP repairs and
guardrail repair and replacement.
Maintained progress, budget and schedule while assisting in field
supervision. Nearly all issues resolved in field with no need for formal
documents.
Completed project in 50% of schedule w~h ZERO Punch List City of Fort
Myers, FL
r
Packet Page -313-
Total Years of Experience: 31
Years at Wright: 2
Education:
Belford University
- BS Civil Engineering
Ferris State University
- Advanced Construction Man-
agement & Civil Technology
Cerlilications:
. CTap (FDOT)
- Asphalt Paving I & II
- Earthwork Levell & II
- Intermediate & Advanced
MOT
- ac Manager
- ACI Concrete Field Levell
- Nuclear Density Gauge
- Pile Driving
- Drilled Shaft
- MSE Wall Inspection
. Concrete Transportation
Construction Inspector (ACI)
. OSHA 10 Hour
. Certified NPDES Storm Water
Inspector (FDEP)
. Advanced Cranes, Derricks &
Hoists (OSHA)
. OSHA Cranes & Derricks
. Crane Safety & Lift Planning
. Troxler Certified
.
.
.
Neil Monkman-Project and Q~ 3/22/2011 Item 9.A.
Oakridge Middle School Parking Lot / Roadway Improvements - Project Manager
& Field Superi otenden!.
Complete oversight of construction of new roadways and parking areas for
the Collier County School Board.
Project consisted of new roadways and drainage.
Worked direc~y with client, design engineer, and subcontractors to exped~e
a 4 month project into 2 months. Maintained project GMP budget to client
satisfaction and created and updated CPM schedule.
Project achieved ZERO punch list items. Collier County, FL
State Road 80 Ulility Replacement Project - Asslstanl Prolecl Manager
Worked directiy w~h Senior Project Manager, Client and Construction Man-
ager assisting in scheduling, change management, field supervision, MOT,
inspection and quality control.
Corresponded daily with Construction Manager to resolve issues as they
occurred and to maintain quality control at all times.
Project completed on time and under budget. City of Fort Myers, FL
Sanibel Causeway Bridges & Toll Facilities
Bridge, roadway and building Resident Engineer, responsible for
quality control oversight working directly under Senior Bridge Engi-
neer to perform daily inspections of bridge, roadway and building
construction. Bridge oversight included test pile and production
pile driving, mechanical splice inspections, pile cap, columns,
beams and deck inspection. Additionally served as safety commit-
tee chairman, receiving multiple awards for safety and leadership.
Lee County Dept of Transportation
Federal Correction Institute
Served as Resident Field Engineer / Inspector responsible for gen-
eral inspections and field supervision, including oversight of con-
struction activities of concrete, soils, paving, underground utilities,
masonry, foundations, sanitary sewers, precast wall and slab
placement and pile driving inspection for water tower. Dept of Jus-
tice, Federal Bureau of Prisons
General Mitchell International Airport
Resident Engineer / Area Construction Manager for a roadway and parking
structure contract. Responsibil~ies included all coordination activities w~h DOT,
contractors and FAA and field inspection of 4 lane overpass bridge from pile
driving to deck. Milwaukee County Dept of Airports
Wayne County Metropolitan Airport
Resident Engineer / Field Inspector for runway/taxiway construction performing
all duties associated with site work and drainage, roadway construction, 7.5
million gallon pump station, underground utilities, and all associated inspections
of reinforcing steel, concrete piacement, testing. Additionally, performed QC
inspection of runway overpass/tunnel construction including 22,000 CY con-
crete placement in 24 hours. Wayne County Dept of Airports
Pace 28
Packet Page -314-
3/22/2011 Item 9.A.
Gamel McCurdy-General Superintendent
Gamet has over 38 years experience in civil and
environmental remediation, and on-site supervi-
sory construction management. As Civil Superin-
tendent, Gamet ensures projects are completed
safely, in accordance with the contract docu-
ments, while maintaining optimal structural integ-
rity, and impeccable system and finish Quality. He
actively coordinates all day-to-day, on-site opera-
tions. Mr. McCurdy has worked on over 50 large-
scale civil construction projects throughout the
United States, primarily in Southwest Florida.
'-'I
I
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ReDresentatlve Prolects
SR 80 (Rrst Street) Fort Myers
General Superintendent for con-
struction of drainage, utility and
roadway improvements on First
Street (SR 80) from Fowler Street to
Seaboard Street, construction pro-
ject involves replacing water, sani-
tary sewer and storm drainage sys-
tems along the roadway. Fort Myers
r)den Park Elementary School Site
Development
General Superintendent for complete site development for a new school in Collier
County including widening of existing roadways, relocation of existing utilities,
installation of new underground utilities and drainage, construction of new roads,
maintenance of traffic to maintain access to existing homes, and off-site improve-
ments. Collier County School District
Frultvllle Roadway Improvements
General Superintendent for widening of the
current two lane road segment to four divided
lanes from 1-75 to Tatum Road. Includes:
drainage, four foot wide bicycle lanes, street
lighting and signalization, 10' wide concrete
and paver sidewalks on both sides, water
main and stormwater pipes. Incorporates
decorative asphalt, utilization of pavers for
landscaped tree lined medians and street
lighting featuring LED fixtures. Sarasota
County
Glades County Waste Water Treatment Plant Expansion
f'" Installation of Membrane Bioreactor System (MBR) into the existing aeration train
of Glades W'NTP.lt is a 135,000 gallon expansion. Glades County
Packet Page -315-
Total Years of experience: 38
Years at Wright: 5
Certifications & Training:
. CTQP (FOOT)
- Asphalt Paving I
- Intermediate MOT
- Earthwork I
. NPOES Storm Water Inspector
(FDEP) Erosion/Sedimentation
Control
. Certified Confined Space Entry
Trainer
. Certified Respirator Fit Test/Usage
Trainer
. Emergency Rrst Aid/CPR
. Asphalt Maintenance & Road Repair
. OSHA Health & Safety Training;
29CFR 1910.120
. Emergency Response Hazardous
Site Worker (40 hr)
. Annual Refresher Course (8hrs)
. Confined Space Rescue
. OSHA 10- and 3D-hour Construction
Safety Awareness
. Course (RAC3), Environmental Sam-
pling & Testing Course, (Wac
Training Course (RACIV), 8-hr Safety
Training Rich Rathnow
. Naval Air Station Jacksonville, Haz-
ardous Waste Facility Operations
Training Course (16 hours)
. U.S. Army Corps of Engineers
Construction Management for
Contractors
. Trenching & Shoring Training Course
(8 hours)
. Trenching & Excavation
. Respirator/SCBA Training
. Fall Protection
. Hazardous Communications Com-
pliance
. EquipmentTraining (all types)
Garnet McCurdy-Ge 3/22/2011 Item 9.A.
.
Villages At Country Creek Reuse Pump Facility
Install 650,000 Gallon reuse storage tank. Install pump skid and piping.
Coronado Parkway Phase II
Superintendent for drainage improvements from Del Prado Parkway to Cape
Coral Parkway. Cape Coral
Del Prado Boulevard
Superintendent for multi-lane roadway widening & major drainage improvements
of 6.5 Miles of major roadway. Cape Coral
NCWRF Deep Injection Well Pumping Station:
Superintendent for 50,000 GPM Deep Injection Well Pumping Station in North
Collier County, with underground and mechanical piping, extensive electrical,
standby power, instrumentation and controls, pumps, and bypass piping, Collier
County
Bahia Honda State Park
Upgrade existing waste water system and treatment facility at State Park, Big
Pine Key, FL
Billy's Creek Filter Marsh
Constructing lakes, weirs, filter marsh, and drainage systems. Includes excavat-
ing. dewatering, and construction phases. Fort Myers, FL.
Pahokee Headworks Replacement
Palm Beach County Utilities. Palm Beach
Big Cypress Vehicular Access Improvemenls
Big Cypress Elementary School intersection, signalization and tum lane construc-
tion to provide safer vehicular access to Elementary School on major county
roadway. Collier County School District
BCHS Ball Field Renovations
Barron Collier High School. Collier County
.
LF:f! Bali/a Humirl S!::ttp Pi1r~ '/l'liVTP
Packet Page -316-
\
..--.,
Ken Bell-Chief Estimator
As Project Estimator, Ken teams up with the
Project Manager with such responsibilities as
system analysis, design review, budget estimating,
value engineering, life cycle cost analysis, and
constructability analysis, Ken has over 41 years
experience working as chief estimator in all
aspects of civil construction and 4 years with
Wright Construction. Ken's experience in the local
region provides invaluable insight to the project
details, costs, subcontractor agreements and
material provider relationships.
His support of projects begin wi1h inception and continue through constant detailing
and revising costs to assure the best possible pricing for the Client. Ken's
relationships in the civil and road building industry are unrivaled in the entire
Southwest Florida region.
~.
ReDresentative PrDjects
SR 80 (First Street), Fort Myers
Estimator for total rebuild of SR 80 through Downtown Ft Myers. Construction of
drainage, utility and roadway improvements to First Street from Fowler Street to Sea-
board Street, project involves replacing water, sanitary sewer and storm drainage
systems along the roadway. Fort Myers, FL
r'lltville Roadway Improvements
Widening of the current two lane road segment to four divided lanes from 1-75 to
Tatum Road. Includes: drainage, four foot wide bicycle lanes, street lighting and
signalization, 10' wide concrete and paver sidewalks on both sides, water main and
storm water pipes. Incorporates decorative asphalt utilization of pavers for land-
scaped tree lined medians and street lighting featuring LED fixtures. Sarasota County
Veronica Shoemaker Boulevard
Estimator for new construction of a 4-lane road in City of FI Myers, including storm-
water and utilities, Fort Myers, FL
Jetport Interstate Commerce Park
Estimator for Sanitary Sewers, Force Mains, Lift Stations, Wastewater Treatment
Plant Site Work, Water Distribution Mains, Primary & Secondary Roadways, Fort
Myers, FL
Twin Eagles
Estimator for sanitary sewers, lift stations, force mains, water distribution mains,
water transmission mains, primary & secondary roadways, Naples, FL
Pine Ridge RDad
Estimator for realignment and reconstruction of Pine Ridge Road in Naples from
Logan Blvd to Airport Pulling Road, Collier County, FL
East US 41/SR90 Drainage (FOOT
.... Estimator for Stormwater and Utility piping improvements associated with widening
.... of US 41 in East Naples, FL
P::IOP. 11
Packet Page -317-
3/22/2011 Item 9.A.
Tolal Years 01 Experience: 41
Years 81 Wright: 4
.
.
.
Transfer Road improvements
Estimator for restructuring and widening along with the new installation of
drainage and utility system north of the Collier County Airport
Livingston Road Improvements
Estimator for the sanitary sewer, potable and re-use mains, and drainage sys-
tems from Golden Gate Pkwy to Immokalee Road. Collier County
US 41 Widening
Estimator for Stormwater and utility piping improvements associated with wid-
ening of US 41 in East Naples from Rattlesnake Hammock Road to Collier Blvd.
East Naples
Radio Road Improvements
Estimator for the widening of Radio Road and the new construction of an inter-
section at Davis Blvd. Project Included utility relocations and a new drainage
system, Naples, FL
Cypress Lake Drive Road Improvements
Estimator for Widening of Cypress Lake Drive from Summerlin Road to US 41
inciuding sanitary sewer, watermain, forcemain and storm drainage, Fort Myers,
FL
Sandy Lane, Estero
Estimator for storm water, sanitary sewer, potable water, and reclaimed sys-
tems associated with the new construction of a divided four-lane road, Es-
tero, FL
San Carlos Boulevard Widening, FOOT
Estimator for realignment and reconstruction of San Carlos Blvd in Lee
County from Summerlin Road to Buttonwood Street. Fort Myers Beach, FL
State Road 80 Improvements, FOOT
Estimator for widening and restructuring of SRBO including the drainage
system from Cowboy Way to SR29. LaBelle, FL
D!:Imll'.t?
Packet Page -318-
3/22/2011 Item 9.A.
Andrew Powell-Superintendent
.
Andrew Powell has 4 years of experience with
Wright Construction Group and is a highly-
motivated, quality-driven individual. He is dedi-
cated to maintaining schedule deadlines and sub-
contractor conformance which produce quality
workmanship, With his civil FDOT training, An-
drew began as assistant superintendent on com-
plex civil projects and is now a Civil Superinten-
dent coordinating all day- to -day on-site opera-
tions. Andrew possesses excellent communica-
tion skills with all team members and sub-
contractors.
SR 80 (First Street) Fort Myers.
Responsible for over-
seeing contractors for
total rebuild of SR 80
through Downtown Ft
Myers. Construction
included drainage,
utility and roadway
improvements to First
Street from Fowler
r' Street to Seaboard
Street and included
replacing water, sani-
tary sewer and storm
drainage systems
along the roadway. Additionally, the roadway was widened from 30 to 34 feet
with an addition of undesignated bike lanes, new curbing and gutters. New six-
foot sidewalks, landscaping, and lighting reminiscent of old Fort Myers were
added on both sides of the road. Ft Myers, FL
Fruitville Roadway Improvements
Widening of the current two lane road segment to four divided lanes from 1-75 to
Tatum Road. Includes: drainage, four foot wide bicycle lanes, street lighting and
signalization, 10' wide concrete and paver sidewalks on both sides,
water main and stormwater pipes. Incorporates decorative asphalt
utilization of pavers for landscaped tree lined medians and street
lighting featuring LED fixtures. Sarasota County, FL
3/22/2011 Item 9.A.
Total Years 01 Experience: 10
Years at Wright: 4
Certifications & Training:
. CTQP (FDOT)
- Earthwork I & II
- Asphalt Paving I & II
- Intermediate & Advanced MOT
- Certified Quality Control
Manager
- Asphalt Maintenance & Road
Repair
- Quality Control Manager
- ACI Concrete Field Level 1
- FDOT Concrete Field Level 1
- Nuclear Density Gauge
- Final Estimates 1
. Certified NPDES Stormwater
Erosion and Sedimentation
Control (FDEP)
. OSHA 10 Hour
. OSHA 30 Hour
. ATTSA: Certified Maintenance of
Traffic/Advanced MOT
. Ariel Lift Operation & Safety
Training
. Scissor, and Rough Terrain Lift
. Forklift Operation & Safety Training
. GSSI Ground Penetrating Radar
Glades County Waste Water Treatment Plant
Responsible for Assistant Superintendent duties on a 135,000 GPD
day membrane expansion to the waste water treatment plant The pro-
ject includes a new lift station installation, Force Main installation, and
'-'Senset Glades County, F
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Packet Page -319-
.
Immokalee High School
Responsible for Assistant Superintendent duties on
a complete track resurfacing and storm drain instal-
lation. Immokalee, Fl.
Weslclox Sidewalk Improvements
Project required the Installation of one mile of side-
walk and storm drain and the Rebuilding of related
swales and driveways.lmmokalee, Fl.
Shadowlawn Elementary
Superintendent over soccer field renovation, storm
drain, landscaping and irrigation projects, Collier
County, FL
Golden Gate Middle School
Superintendent for track resurfacing project. Collier
County, FL
Fort Myers Yacht Basin
Superintendent of seawall and sidewalk renovation
projects. Dock reconstruction including installation
of new piling, piers, docks, electrical and HOPE fire
line at Ft. Myers Yacht Basin. Fort Myers, FL
Big Cypress Waste Waler Treatment Plant
Superintendent in charge of new plant installation
and demolition of existing facility; instaliation of
drainfield and force main. Collier County, FL
Big Cypress Vehicular Access Improvements
Travel lane expansion and removal. Completion of
landscaping, irrigation, sidewalk and storm drain
installation. Collier County, FL
Pine Ridge Elementary Tack Resurfacing
Superintendent for track resurfacing project. Collier
County, FL
Barron Collier High School
Superintendent of baseball field renovations, Com-
plete storm drain installation, irrigation, and grading
projects. Collier County, FL
Bahia Honda State Park
Upgrade existing waste water system and treatment
facility at State Park, Big Pine Key, FL
.
.
Andrew Po 3/22/2011 Item 9.A.
Packet Page -320-
Jeff Kelly-Superintendent
Dedicated to professionalism, Jeff has nearly a
decade of experience in an array of construction
fields. Prior to joining the Wright Construction
team, Jeff was a successful project manager for
another construction company. Since Joining
Wright Construction in 2006 Jeff has accumulated
three years as a superintendent. He is dedicated to
project completion and is characterized by beating
schedule deadlines. Most notably, Jeff has the
ability to maintain a high standard of sub-
contractor communication and pertonnance.
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Fort Myers Yacht Basin Dock
Project Superintendent responsible for oversight of complete Yacht Basin
Dock reconstruction including installation of new piling, piers, docks,
electrical and HDPE fire line at Fl Myers Yacht Basin. City of Fort Myers
SR 80 (First Street) Fort Myers
Assistant Superintendent
responsible for overseeing
contractors for complete
rebuild of SR 60 through
Downtown Ft Myers.
Construction of drainage,
utility and roadway
improvements on First Street
from Fowler Street to
Seaboard Street. Project
involved replacing water,
sanitary sewer and stonn
drainage systems along the roadway. City of Fort Myers
Water Treatment Plant
Assistant Superintendent for installations at a water treatment plant,
responsible for installing of piping. Napfes
Immokalee Waste Water Treatment Piant
Project Superintendent responsible for the installation of new ground storage
tank (1.5 million gallons). Supervised the construction of three new wells
which consisted of all new twelve- and sixteen-inch water lines. Oversaw
construction of new pump building, Collier County
Eden Park Elementary School Site Development
Assistant Superintendent for sitework. Complete site development for a new
school in Collier County including widening existing roadways, relocating
existing utilities, installing new underground utilities and drainage,
constructing new roads, maintaining traffic to preserve access to existing
homes, and off-site improvements. Collier County School District
Beach Shell Inn
General Manager in charge of all related construction for resort, Ft. Myers
Beach
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Packet Page -321-
3/22/2011 Item 9.A.
Tolal Years of Experience: 10
Years at Wright: 4
Education:
McKee Vocational/Tech, 1994
Certifications:
. CTap (FOOT)
- Maintenance of Traffic
Advanced
- Asphalt Paving Levell
- Asphalt Maintenance &
Road Repair
- Earthwork Levell
- Nuclear Density Gauge
. OSHA 10 Hour Course
. Certified Work Zone Safety
. FL Certified Underground
Contractor
. MSE Wall Inspector
. FL Class 5 Fire Sprinkler Con-
tractor
. FDEP
- Certified NPDES Storm-
water Inspector
.
.
.
TAB V, Corporate Experience and _~tnI.2_Qg_!t_E?!!1_~~t\.
STATEMENT REGARDING CURRENT WORKLOAD IMPACT ON OUR ABILITY TO PERFORM PROJECT
Wright Construction Group maintains a surety bond capacity of $100,000,000 and is also prequallfled with the Rorida
Department of Transportation at a total project capacity of $142,650,000. Currently, our uncompleted backlog is ap-
proximately $19,000,000 which leaves significant portions of our capacity available for additional work. Our road and
civil division has been supported by our team of highly qualified professionals with extended experience In both road
and civil construction throughout Southwest Florida. This team of dedicated individuals has worked together at Wright
Construction for over 10 years providing us the individual experience to handle capacities well beyond our current
backlog. Their experience has provided Wright Construction with an excellent understanding of the road and civil sub-
contractor community which enables us to select the subcontractors with the very best qualifications in any given dis-
cipline. In addition, our company maintains a division that focuses exclusively on continuing services agreements.
Our experience with these types of agreements has enabled us to establish significant processes that ensure that con-
tinuing services projects flow efficiently and effectively through the completion of each project.
pago 36
1M!!!!
RFP 10-5450 "Asphalt Roadway, Concl8\e, r.... '''.~.._I~ on" n'iveway Installation"
Packet Page -322-
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CONSTRUCTION CONTRACTS IN PROGRESS
('
Frultville Road Improvements August 2009 Janual}' 2011 $8,557,903.00 TSD 0
2.161 Miles
Edison State College Building "U" July 2010 June 2011 $7,500,000.00 TSD 0
C111 Pump Stations Janual}' 2010 June 2011 $7,149.000.00 TSD 0
S-199 and S-200
Miami-Dade County, FL
Glades County Medical Heallb April 2010 December 2010 $4,194,000.00 TSD 0
Clinic Moore Haven, FL
Shell Point Retirement Community Februal}' 2010 March 2011 $3,990,000.00 TSD 0
Administration & Rehabilitation
Additions, Lee County, FL
Glades County Jail Renovations Janual}' 2010 December 2011 $3,500,000.00 TSD 0
Florida Department ot July 2010 June 2011 $729,805.00 TSD 0
Transportation
Mooringline Bridge
Florida Department of April 2010 June 2011 $348,600.00 TBD 0
Transportation
(- -Idue 040004 Scour
.ountermeasures
Edison Stale College May 2010 Janual}' 2011 $393,796.00 TSD 0
Art Gallery HV AC & Electric Retrofit
Building L Renovation
Bridge Scour Desiun/Build June 2011 $348,600.00 TSD 0
Bridge Scour Countermeasures,
Bridge # 040004,Desoto County, FL
Burnt store Road July 2011 December 2011 $t ,600,000,00 TSD 0
Edison Building L Fire Protection December 201 0 March 2011 $TBD TSD 0
Fort Myers Beach Mound House Janual}' 2011 June 2011 $500,000.00 TSD 0
Matanza Pass Bridge Re pairs March 2011 November 2011 $400,000.00 TSD 0
Collier County School District Various Projects Various Amounts TSD 0
Continuous Projects
Edison College Continuous Projects Various Projects Various Amounts TBD 0
Lee, Charlotte, and Collier
Campuses
Lee County School District Various Projects Various Amounts TSD 0
Continuous Projects
.
ltero Fire stations Maintenance Various Projects Various Amounts TBD 0
I and Repair Continuing Contract
Page 37
Packet Page -323-
3/22/2011 Item 9.A.
.
Nielson, Wojtowicz, Neu & Associates
THERE IS A DIFFERENCE...
A~or.
~,... +~I~
",- .
December 20, 2010
Collier County Board of County Commissioners
Purchasing Department, building "G"
3327 Tamiami Trail, East
Naples, FL 34112
Attn: Brenda Brilhart, Purchasing Agent
Re: RFP 10-5450 Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installation
.
Dear Ms. Brilhart,
We are pleased to confirm the surety bond relationship for Wright Construction Group.
We have been providing surety bonding for Wright Construction Group since 1986.
Their bond line has been established with Western Surety Company for over forty years
and is capable of supporting a $75,000,000 single job size and $120,000,000 aggregate
work program.
Western Surety Company has an A.M. Best's rating of A IX.
We reserve the right to review final contract documents and bond forms as part of the
overall underwriting at the time a bond is requested. Provision of this letter assumes no
liability to any party in the event bonds are not provided.
Wright Construction Group maintains an excellent reputation for owner satisfaction by
completing projects on time and within budget. We offer our highest recommendations
on the use of their services and invite any future inquiries you may have.
.
Providing 8Qnds for the Construction Industry
1126 Central Avenue, Suite 200, St. Petersburg, FL 33705
(727) 209-1803. Toll Free (800) 965-9597. Fax (727) 209-1335
.u._.. --~---"1Cebonds.com
Packet Page -324-
TAB VI, cusL~L?~L2g)}A~r!.U~:_~.
A. Owner: City of Fori Myers O. Owner: City of Punta Gorda
~ Address: 2200 Second Street Prtmary: Linda Sposito
Fort Myers, Fl33902 Public Works Project Manager
Phone: (239) 321-7459 3130 Cooper St
Fax: (239) 344-5943 Punta Gorda, FL 33950
Email: SKazemi@cityftmyers.com (941) 575-5050
Services: Construction Management &lor (941) 575-5044 (F)
General Contracting pubworks@ci.punta-gorda.fI.us
Contact: Saeed Kazemi, P.E.
Secondary: Mark Gering
B. Owner: FOOT-District One City Engineer
Contact: eEl Consul-Tech Enterprises, Inc. (Address same as above)
(941) 575-5030
Corporate: 3434 Hancock Brtdge Parkway
(941) 575.5044 (F)
Suite 207
North Fort Myers Fl 33903 Services: Construction Management &lor General
Contracting
Phone: (239) 656-6237
Mobile: (239) 707-9001
Services: Construction Management &lor E. Owner: Sarasota County
General Contracting
( Email: fdemoya@cte.cc Address: 3277 Fruitville Road,
Contact: Femando de Moya Bldg C Suite 2
Sarasota, Fl 34237
Phone: (941) 366-8108
Fax: (941) 366-8114
Services: Construction Management &lor General
C. Owner: School District of Collier County Contracting
Address: 5775 Osceola Trail Email: cpecor@wilbursmith.com
Naples, Fl 34109 Co ntact Christopher Pecor, P .E.
Phone: (239) 377-0240
Fax: (239) 377-0231
Services: Construction Management &lor General
Contracting
Email: chanfa@collier.k12.fl.us Complete Information concerning budgets and schedul-
Contact Fai Ch an ing is listed in TAB II past experience for each offhe
contacts above.
r-
Page 39
fK!!!'!
RFP 10-5450 "Asphah Roadway, Concrete. "..... a'd.......I.o..d n'iveway Installation"
Packet Page -325-
.
.
.
TAB L~I.?_~.a_Q1-X!t~Q!_~.:A.
Wright Construction Group takes no exception to the general terms and conditions, insurance requirements or any
other requirements listed in this RFP.
George Andy Powell
Vice-President
Wright Construction Group
Page 40
IW!!!!
RFP 10-5450 "Asphall Roadway, Concrele, P.._" P'"_u._.. --" "!riveway Installation"
Packet Page -326-
TAB vll_.~I2:.U?.9_1J..!t.~~n~_~A..
'-
Page 41
fK!'!!!
RFP 10-5450 "Asphalt Roadway. Concrete. .....~ ":...._I~ ... 'lriYeway Installation"
Packet Page -327-
3/22/2011 Item 9.A.
Act 44B2620
STATE OF FLORIDA
.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSLNG BOARD
____LICENSE NBR
107/23/2009 109004387S--1QB44862
The BUSINESS ORGANIZATION
Named below IS QUALIFIED
Under the proviaions of Chapter 489 FS.
Expiration date: AUG 31, 2011
(THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS THE
COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.)
WRIGHT CONSTRUCTION GROUP INC
5811 YOUNGQUIST ROAD
FORT MYERS FL 33912
SEQ#X.090723010..
I
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
. - .'. ';~~~?'-;To;-'..'~~;"~" -,-"~..,"':c'- , -..- ,,_..... .." .'.. ......... "'"'-"'-;"-'.~-.---
Act 3 9630 82:,i$TA:r-EOfFLORIDA ..' .
DBPARTMrmT.:.. < oi~BfiS. rilBsS'iiND PROl"ESSIONAL REGULATION ..... ". ""....
" CONSTRUcnO!J:DlJ)1;!STRYLICENSLNG BOARD . ," . ""'" <,. ,-
. .,..,-"'.-~:"-:"',."f.': ',-~' . - . SEQ#La~o830aQ851,.
, _ l:CE:NSB':.~:R':~~j~;'~ ':-,'_:~ ' ',"
08 30 200.9 Q"S80.48399 ": 'CGCO,S~4.44~f~_-C\"_;:,.<:~2>.'
.Th.. GENERAL.'CON'rilACTQIt co' .5jj..
. Named'.below'ZS'-,CmIFIED.. .;, _., .
Under. the provisi.ons of Chapte>::, 4'89.. FS.
Expirationclate:' AUG.31i '21>12 ':1:'(" ',i,.:,'....
f. ,<:,'"t: ~~.;... .
, 2' , :, '~",.; .." ,:" - "
.
EDMAN~-FRED M " j ,.'" .....
~imo=ijm;r~~~Q~.~,'9~. ;.
PORT MYERS .'. FL3'3l<12' ".
CHARLtE CRIST
GOVERNOR "".
.' -. .
Olqi'LAYAS R!;QUIRED BY LAW
CHARLES W. DRAGO.
. .SECRETARY
COLUER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 100421
COLUER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORtDA 34104 - (239) 252-2477
VISIT OUR WEBStTE AT: www.colllertsx.com
THIS RECEIPT EXPIRES SEPTEMBER 30, 2011
DISPLAY AT PLACE OF BUSINESS FOR PUBUC INSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
LEGALFORM'"^-,,^ - THIS TAX IS NON-REFUNDABLE -
._"~~TI~ OJ,)',,
/0"';:.......,.. .............. '" 1--;.~IGHT CONSTRUCTION GROUP, INe
.f ~ " ". ..-.::,1:'"...,.. \ ~MAN, FRED M,
,,~, . _ ..,.... "W\'-~r "','I. 11- \
i "~<,' i ~ 1: t.
of, 't 9331 ~ TAMIAMI TRAtL #22
F .
lj ,,":'" , i
It ".t ~-<'-', ~ NAPLES
t , " 1" ~ ,A... I .
~:S~:I~:T~~:~~~~~ CO~~~~:LOYEES \ \ ;;.. \. ~~'?:'~':_rlr " ~./ (.l;-,/
CLASSIFlCATIONCODE:05100104 ',.",!? '"............_... ",q/
ThIs document Is 8 business tax only. This Is not certlrocallon thatllCe~ jrqUlltl!ap. " C C, .,' "
~ does not panni! the licensee to violate any existing regulatory zoning'~ V!e~1fnty orCilies
nor does iI e)(empt the licensee from any other taxes or permits tt'...1 ........., ~ .....;-;;;...r-Ill......'.I....N.
Packet Page -328-
LOCATION: 9331 N TAMIAMI TRAIL #22
ZONED: C-3
BUSINESS PHONE: 239-481-5000
STATE llC: CGC053444
FL
34110
DATE
AMOUNT
RECEIPT
08l12r
4561.40
LMJUf~' A?~
3/22/2011 Item 9.A.
ACl5tr413913:"; \<.'."" . STATE OF FLQ~P" ..". ',. .... .... .'
. ::;{>::;,,~:, ,P'l'M?:'NBN'l' .oF BUS1NZ.SS AND PIlOll'BSSIONAXo REGULATION
." ..:... :""': .', "...:'.;'.:--" ':,' \'..":'"', CONSTRUCTIONINDUST1l.Y LICENSING JlOlUUl.. '.. SEQ/IL10.07210l,147
~ \:* l.' '~~.':,::.
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072''2010':; lcl"oo3905o ,.. cuc1i24225<';:'}~W:\
..Tb":~!liR!lrt~UTILITY '''~cav~rJ:\ilff .'\,;~.i':::... ..
"N_.d :,bIJ1cno:'.I$ 'C1!:RTIP'.J:BD . '. ...t",;f.';~, . '.,,~(il
..Un4IJr ,*~ ':RrQ:v:l.,,:I.~1J ',ofpu.Pt,,:r,';f:lI\;~s}: .S; "ei.S!:
'. s,xpU-",t;::l.0I1'4Jltfill"Al1G31 2012. ..Jr:"'''", ......,.,,.,,','~;:-
,""}"'.1'dl~~;fh~~~:G~' :~:.'.' :. :.:::,;;~~t{1![1;r;ttt~i~~1:/~fj".
. " ':' 'c::'KBJ'.DmooPMBNT:.SZRVJ:CBS .1NC '.: '>C'" '..~,r.I!I't";;'\
. : ',..5 S 11.y.oUNQQuXST . ROAD. . . ... . . :;'N',,-,"'.
::}()l&~.~S.'. .'. !"~ 33912' .' ,"
',~' ""':.,' -~ . ~... "
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......
'. .
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.i :
,", '.
" '.,
ciiARLIB.CRIST '.
."'~~Il!I'.o!l. ..
....,.'.... "";:,1.:.:"' "."
.
DISPLAY AS REQUIRED BY LAW
CBARLJ:S'LID
~RIM 'SBC~MY
.' ':"...
.
. .
STATE .oF FLORIDA
DEPARTMENT .oF FINANCIAL SERVICES
DIVISION .oF STATE FIRE MARSHAL
TALLAHASSEE, FLORIDA
CERTIFICATE .oF C.oMPETENCY
.
TI'IIS CER'nFIllS THAT: GEORGE A POWEI.L
5811 YOUNGQUIST ROAD
FT MYERS, FL 139l2-
BUSINESS ORGANIZATION: KRJ DEYEI.oPMENT SERVICES INC
CONTRACTOR V MEANS ^ CONTRACrOIl WHOSE BlJSINESS is LIMITED TO THE EXECUTION 01-" CONTRACTS REQUIRING THE ABILITY
TO F^BRICATF.,INST^,.L.I~PECl'. Al.TER, REPAIR, AND SERVICE THE UNDERGROUND PIPING FOR A FIRE PROTECTION SY~"fM
USING WATER AS TliE I::XlINGU1SHINU AGENT BEGINNING AT THE pOlNTnm PIPING IS USr:D EXCl.USfVEL Y FOR FIRE PROTECTION
AND F.NOlNC, NO MORF. TIIAN ONE HXn ABOVE TIlE nNISHCD FLOOR.
~~
OdeC Finrondal Officer
07 01 2010 09 IS Lee
OS542JOOOt 2008
19111090001
Applieationlt
IssvcDl'lte T)'Pe Chlss
COtDlty
License/PelmitNumher
, ACI/ 5'0'450'0 ~',. ,.".:.:~" srAtl:{~.'~t':QRi6A."/':':'''::'' ',,:' ,,,:;'J:',?:~ ::,';::".' ., ':",
: :~;.ii~~~~~~~fg~~~i~i~k1
I Sitiii!-~t,!!~'j~~:C:. ";;~:"Tjl:'S:~\;
3xpinHon da1O",',:~ AUq 3:',:. .2., 0-12 )'~'~,i!~i'i:(fIi;,., "'f~Jf:s)":'" '.' " ......,> ,,>1
, ... _ , . .' . ,. ,.~.,~1~~~~ . .},......, .", ."," :..;,..._~'~'.;.::.'.,
" ;~::. ~fi~ij~~~~g~~~~. ~~,~;<~7~f~~:': ",..~,;~ ,.:::::' .' ..:::. '<' >"X"; . .".,.::}~,i.~.~;>.:~;
FORT"MY.ERS. - .,' . PJ...J'~r912' .'"~~~:~!f, =1,:;~ ,!:\. ". ':''-'''I:''~':''':;-''''>,::'..." '-'.C'
. . ,.' '. , . -",. .. ....::._ ... ", '. ',',,'.; _ . " \ ," ',",. . .::':', .;c,;..:.~- . ;"J
I,'.:.:.:'{_:::: ''.~~~ii~l~::'.'\;:?:<;''.~;:t;;l~A~~::~'~~'~Y'~~~~' - ..:~"~~~.'.~~~~,-;~~~;};'!:~::~..tt
, :.,..~
---
KBJ is an affiliate company with common ownership (Wright Construction Group)
Packet Page -329-
.~
.
.
3/22/2011 Item 9.A.
Attachment 1
Collier County Board of County Commissioners
Purchasing Department
Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
III
III
The Proposal has been signed.
All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
III
III
Any addenda have been signed and included.
The mailing envelope has been addressed to:
Collier County Board of County Commissioners
Purchasing Department, Building "GO
3327 Tamiami Trail, East
Naples, Florida 34112
Attn: Brenda Brilhart, Purchasing Agent
The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and
Due Date.
~
The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Wriaht Construction Group, Inc.
9331 N. Tamiami Trail, Ste. 22
Naples, FL 34110
239-513-1724
Address:
City, State, Zip:
Telephone:
Email:
AndyP@WrightG.com
~~
~,
George Andy Powell
Representative Signature:
Date Dec. 20, 2010
Representative Name:
RFP 10-5450
25
Packet Page -330-
)
3/22/2011 Item 9.A.
Attachment 3
Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and/or project duration.
Firm:
Signature and Date:
Print Name
Title of Signatory
State of
Florida
"-, County of
Collier
SUBSCRIBED AND SWORN to before me this
by George Andy Powell
Vice President
identification
~~~-1If~~
Wriaht Construction Group, Inc.
~~
~.
December 20, 2010
George Andy Powell
Vice President
20th' day of December .2010,
, who is personally known to me to be the
for the Finm, OR who produced the following
Sharon Cluck-Miller
_.....-....._---------~,
(j 8IIARON CLlJC:lC.IIL\.II
-., NIIIll . .... " FIIddI
. . MyCOO.iIIIl..........Doo3,1I11
CGmn 1..100 . DO 731121
, -1IInIugIt--....
My Commission Expires December 3. 2011
-.,
RFP H).5450
27
Packet Page -331-
.
3/22/2011 Item 9.A.
Attachment 4
.
Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Govemment Complex
Naples, Florida 34112
RE: RFP NO. 10-5450 - "Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations"
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor slates that the proposal is based upon the
proposal documents listed by RFP # 10-5450.
.
(Proposal Continued on Next Page)
RFP 10-5450
28
Packet Page -332-
3/22/2011 Item 9.A.
PROPOSAL CONTINUED
_ IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 20th day of December
the County of Collier . in the State of Florida
..J
Firm's Legal Name: Wriaht Construction Group, Inc.
Address:
City, State, Zip Code:
Florida Certificate of
Authority Document Number.
Federal Tax Identification
Number
Telephone:
FAX:
Check on of the following:
Signature by:
(Typed and written)
Title:
Send payments to:
(required W different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Email:
OffIce servicing Collier
County to place orders
(required if different from above)
Contact name:
litle:
Address:
City, State. ZIP
Telephone:
"\
RFP 1 ().5450
.2010 in
9331 N. Tamiami Trail, Ste 22
Naples, FL 34110
QB44862 FL Business License
20-2246559
239-513-1724
239-514-2132
o Sole Proprietorship
o Limited Partnership
IlZI Corp or P. A. State of Rorida
o General Partnership
~ ~ George Andy Powell, Vice President
~
Additional Contact Information
Company name used as payee
EmaU
29
Packet Page -333-
3/22/2011 Item 9.A.
~~
- -
M,.lilIl".Ill Ser.i...e.~
I'IA'd-.g
Attachment 5
.
Immigration Affidavit Certification
RFP # : 10-6450
TItle: Asphalt Roadway, Concl'llte, Curb, Sld_alk and Driveway Installations
This Affidavij is required and should be signed, notarized by an authorized principal of the firm and submitted with
fonnallnvitations to Bid (ITS'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-Verlfv proaram. shall deem the Vendor I Bidder's proposal as non-resDOnslvs. Documentation of
these reauirements will not be acceDted after the bid I DroDosal deadline date.
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 ("INN).
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 iaws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding wtth 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 I Bidder's proposal.
.
Company Name
Print Name
Wrioht Construction Group, Inc.
George Andy Powell
~/~
~.
Tnle Vice President
Signature
Date December 20, 2010
State of FL
County of Collier
The foregoing Instrument was signed and acknowledged before me this 20th day of December
201Q., by
-Geol:oe AQc\PQ"'elt who has produced is known to me as identification.
. (print o~ ~), (Type of Identification and Number)
Notary PUbli~S;n~~- ~, e' ....=o~..:.~
Sharon Cluck-Miller . MrC JwI..&a,lMDtcUll1
Printed Name of NotarL Public c...., II ._-, DO 1_'
December 2011 / Du 738821 :foil _.........._~_
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.
RFP 10-5450
30
Packet Page -334-
3/22/2011 Item 9.A.
_.~\.
4~~_
AciriI..c6.'a SeMoes 0lvIsI0n
PiJR:l:ItW1g
Attachment 6
Affidavit for Claiming Status as a Local Business
RFP #:10-5450 Asphalt Roadway, Concrete, Curti, Sidewalk and Driveway Installations
(Check Appropriate Boxes Below)
State of Floride (Select County if Vendor is described as a Locel Business
bZI Collier County D 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 DCollier County or D Lee County: 2010 Collier Co. and 1981 Lee County
Number of Employees (Including Owner(s) or Corporate Officers): 41
Number of Employees Living in D Collier County or D Lee (Including OWner(s) or Corporate
Officers): 41
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.
V~ndor Na~ -,slruction Group, Inc.
Signature: ~
~~
Date: December 20, 2010
TItle: Vice President
STATE OF FLORIDA
III COLLIER COUNTY
D LEE COUNTY
~
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
20th Day of December, 2010.
'~d-'frl?"'~ Sharon Cluck-Miller
. Notary Public
My Commission Expires: Dec. 3, 2011
(AFFIX OFFICIAL SEAL)
-
G) SHARON Cl.UCIt,.W, III
...,. _ . ..... .. F1IrIlII
. . ur_..e..noDlo3,2e1t
Ca n 1111.- . OD '131121
-1loolIu;l--.....
Packet Page -335-
RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.A.
.
t~!its~~~~~dTYPi;;'..'"
Compensation
2. [gI Employer's Liability
Attachment 7
Collier County Florida
Insurance and Bonding Requirements
'~!ilfed Limii:i~;~-- >~~:~~:-<~~:.':;X;"'- ~::-'::-:zsr :-:';
Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Government Statutory Limits and Requirements
$1.000.000 single limit per occurrence
3. [gI Commercial General Bodily Injury and Property Damage
Liability (Occurrence
Form) pattemed after the $2.000.000 single limit per occurrence
current ISO form
4. [gI Indemnification
.
4. [gI Automobile Liability
5. 0 Other insurance as
noted:
6. 0 Bid bond
7. [gI Performance and
Payment Bonds
.
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
ContractorNendor/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.
$ 2.000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
o Pollution
Occurrence
$
Per
o Professional Liability $ Per
Occurrence
. $ 500,000 each claim and In the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregata
o Valuable Papers Insurance
Occurrence
$
Per
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.
For projects in excess of $200,000, bonds shall be submitted with the
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
32
Packet Page -336-
RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.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 raquired shall not exceed
5% of the reported policy holders' surplus, all as reported in the most
current Best Key Rating Guide, published by AM. Best Company, Inc. of
75 Fulton Street, New York, New York 10038.
8. IZI 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. [;gI Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate
for Commercial General Liability where required.
10. [;gI Collier County Board of County Commissioners shall be named as the Certificate Holder
and the certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. [;gI Thirty (3D) 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
~struction Group, Inc.
:l~
~
Date December 20, 2010
Vendor
Signatura
Print Name
George Andy Powell
Dawson of Florida
Insurance
Agency
Agent Name
Steven Bueltel
Telephone
?~q-?fi1-fi11 fi
Number
~
33
Packet Page -337-
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3/22/2011 Item 9.A.
Co~qmmty
- -
~SeNioes Ilvislon
PlMcl......w
Email: BrendaBrilhart@colliergov.nel
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM 1
Memorandum
Date:
December 14, 2010
From:
Brenda Brilhart, Purchasing Agent
Interested Bidders
To:
Subject:
Addendum # 1: RFP 10-5450 - "Asphalt Roadway, Concrete, Curb, Sidewalk and
Driveway Installations"
The following clarifications are issued as an addendum identifying the following change (s) for
the referenced solicitation:
DELETE the following duplicated paragraph from Tab II, page 6:
2) Tab II: Proposer's Credentials, Previous Performance and Project Understanding
(Maximum 30 Points/Maximum 20 Pages):
Pr=eviEje a es':er letter, 6iflAa~ t:.r SR abltRoFizec;t e#iser sf tAe firxm, indicatiRg #1e b1AeleFlyiRg
pRilBSElpRY Elf IRe fiFFR iR pre'IiEliR!iI IRe serviEles llIataElller-eiR. IRalj,jEle tile Fl8Il'le(s), taleplleAe
Rj,jR'l13er(s), aREI email(s) of IRe aulRB~eEl sElFlla61 peFSBFl(s) sElFlsemiR!illlrepBsal. Sll9missiBR of
a SigASeJ Pre~aeal is P~efae6ar'G eeFtif.ieatieR tf:lat tRe PFSpeser ..\'iJI esesl3t BRY s\,':arEts llIaae te
I:lim as a FeSt.llt af Baia Sl::IBFfliesiQA at tl=ae teFFREl 6aAtaiAe~ tl=ler:eiR.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
c: Dan Hall, Project Manager
Packet Page -338-
3/22/2011 Item 9.A.
"'\
Co"'~
"""'-~- -
Al:iriri&lraliYe Services Division
Purt:hasing
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM 2
Memorandum
Date:
December 17, 2010
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum # 2: RFP 10-5450 - "Asphalt Roadway, Concrete, Curb, Sidewalk
and Driveway Installations"
The following clarifications are issued as an addendum identifying the following change (s) for
the referenced solicitation:
~ CHANGE:
The E-Verify requirements were updated during the Board of County Commissioner's meeting
on 12/14/10 (10 E - G). The Board gave Purchasing the discretion to collect the E-Verify
documents (interpreted as a minor irregularity) if not submitted with the proposal. The proposer
could be given 1 - 3 business days to submit the documentation.
Page 23:
If the BidderNendor does not comDlv with Drovidina both the acceDtable E-Verifv
evidence and the executed affidavit the bidder's I vendor's DroDosal &RaIl be deemed
non-resDonsive. Documentation of these reauirements will Het-be acceDted after the bid
I DroDosal deadline date.
1. Changed "shall" to "may"
2. Removed: Documentation of these reauirements will not be acceoted after the bid /
orooosal deadline date.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
~
c:
Dan Hall, Project Manager
Packet Page -339-
3/22/2011 Item 9.A.
BONNESS INC.
Paving and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
Packet Page -340-
r-Table of Contents
,.-.
"...
3/22/2011 Item 9.A.
Cover Letter
Management Summary
Proposer's Credentials,
Previous Performance and
Project Understanding
Cost of Services to the County
Staff/Subcontractors
Credentials
Corporate Experience and
Capacity Current Workload
Customer and Reference Listing
Acceptance of Conditions
Required Form Submittals
11 Packet Page -341-'NOEX' INOEXING SYSTEM
.
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3/22/2011 Item 9.A.
BONNESS INC.
Pa~ and Siteworll Contractors
1990 Seward Avenue
Naples, Plorida 34109
(239) 597-6221 · (239) 597.7416 Pax
www.bonnessinc.com
TAB I
COVER LETTER/MANAGEMENT
SUMMARY
'-
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
.1.
Packet Page -342-
~
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BONNESS INC.
3/22/2011 Item 9.A.
Pavlnl! and Sitework Contractors
www.Ronnesslnc.com
December 20, 2010
Collier County Board of County Commissioners
Purchasing Departments, Building "0"
3327 Tamiami Trail, East
Naples, FL 34112
Altn: Brenda Brilhart, Purchasing Agent
Bonness Inc, is pleased to offer the enclosed qualification statement for the "Asphalt Roadway,
Concrete, Curb Sidewalk and Driveway Installations" RFP. We look forward to the opportunity
to submit proposals and perform with excellence future roadway work in Collier County.
--
The underlying philosophy of Bonness Inc. is best expressed in our mission statement, "To fully
serve Southv.'est Florida's paving and sitework needs with honesty and integrity by providing a
quality product, ol<tstanding customer service, value, and innovation". We understand that
mission to be an on-going work-in-progress and we strive each day to make it a reality for our
customers.
For all of the above, our Leadership Team meets weekly to identifY and focus on opportunities
for improving our processes. Weare available to you through this qualitication process and at
any time in the future to ensure your satisfaction.
Kathleen Bailie, President - 253-5045
Jeffrey Janco, Executive Director of Sales and Construction - 253- 7607
Sandra Santos, Executive Director of Business Operations - 253-9841
Sincerely,
~,~,6'~
Kathleen M. Bailie
President
,..
2.
1990 Seward Avenue. Napies. fL. 3"109. pb (239) .597.6221 . fx (239) 597.7416
23423 Janice Avenue. Port Charlotte. fL. 33980. Db (941) 235.6060. fx (941) 766.6166
flori.. Cl Packet Page -343-BC'059904
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BONNESS INC.
3/22/2011 Item 9.A.
Pavlnll and Slteworlt Contractors
www.BonnessInc.com
Tab I
Proposed Subcontractors on Team
All of the work associated with this RFP, asphalt roadways, concrete, curb,
sidewalk and driveway installations, is done in-house, therefore, we do not
anticipate the participation of any subcontractors on our team.
!>
199D Seward Avenue.. Naples.. fL. 34109 . ph (239) 597.6221 . fx (239) 597.7416
23423 Janice Avenue.. Port Charlotte" IlL .. 33980 .. ph (941) 235.6060 . fx (941) 766.6166
"0".. Ct Packet Page -344-.c.o......
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BONNESS INC.
3/22/2011 Item 9.A.
Pavlnll and Sltework Contractors
www.8onnessIDc.com
Authorized Contact Persons Concerning Proposal
Kathleen M. Bailie, President
Jeanne Carnes, Estimating
kbailie@bonnessinc.com
Office: (239)597-6221
Fax: (239)597-7416
Cell: (239)253-5045
icarnes@bonnessinc.com
Office: (239)597-6221
Fax: (239)597-7416
Cell: (239)253-6248
'1
1990 Seward Avenue. NapIe5 . PL. 34109. pb (~9) 597.6221 . fA (239) 591.74'6
23423 lanlce Avenue. Port Charlotte. rL . 33980 . ph (941) 235.6060 . fx (941) 766.6166
flo'.... Cl Packet Page -345-"".......
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3/22/2011 Item 9.A.
BONNESS INC.
Pavi~ and Sitework Contractors
1990 Seward Avenue
Naples, Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
T AS II
. PROPOSER'S CREDENTIALS
PREVIOUS PERFORMANCE &
PROJECT UNDERSTANDING
RFP #1 0-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
.
5'
Packet Page -346-
~
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BONNESS INC.
3/22/2011 Item 9.A.
P....1nll and Slteworlz Contractors
Vi/ViIw.Bonnesslnc.com
Proposer's Credentials - Tab II
,..
In February 2010 Bonness Inc. celebrated its twenty ninth
anniversary as a paving and sitework contractor in Collier County.
Bonness' President, Kathleen M. Bailie, has over 29 years of
experience in the paving business and holds a contractor's license
and underground utility/excavation license for the State of Florida.
David Crosby, recently promoted to Project Manager, has been
working at Bonness for thirty years, supervising all aspects of our
work for Collier County. Supevisor Jay Winkley has been paving
roadways since 1983 and since 1992 in Collier County, Both men
have extensive work experience with Collier County and both are
certified Advanced MOT/ATSSA. Our concrete supervisor, Ernesto
Gutierrez came to Bonness in 2000. He now oversees three concrete
crews. David Martin, Bonness' underground utility manager has been
supervising work in Collier County since 1986.
Bonness Inc. is a full service contractor as our crews perform all
asphalt work, concrete work, sealcoating, striping and underground
utilities. As an awardee of the annual contract, we have responded
with a competitive bid, to every request for quotation from any of the
Collier County agencies.
Manager meetings are held weekly to discuss all projects regarding
scheduling and issues. We have been doing work for Collier County
and the City of Naples for all of our years in business and have
always completed projects on time and according to plan. Bonness
feels that our customer service in the field and office is second to
none.
t--
In the last five years Bonness Inc. has completed intersections and
various pathways for Collier County, roadway maintenance for the
~
1990 Seward Avenue.. Nllples .. fL.. 34109.. pb (239) 597.601 . Ex (239' 597.7"16
23423 Janice Avenue" Pon CharlonC".. fL.. 33980 .. ob. (941) 235.6060 . fx (941) 766.6166
f'o".. cue. Packet Page -347-.......
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Sltework Contractors
www.Bonnesslnc.com
City of Naples, Naples Centre, the Bonita Beach Road extension and
Brooks Village shopping center.
From the time plans are received in our estimating department to the
final lift of asphalt every project is always a joint effort by everyone at
Bonness Inc.
.
.
7
1990 Seward Avenue.. Naples.. FL. 34109.. pia (239) 591.6221 . fx (239) 597.14t6
23423 Janice Avenue. Pon Charlotte.. PL.. 33980. ph (941) 235.6060. f:z (941) 766.6166
Florida cuel Packet Page -348-#059904
r-
r-
05018-
05024-
05084-
05086-
05113-
05114-
05141-
05169-
05172-
05173-
05188-
05192-
05205-
05207-
05245-
05250-
05254-
05271-
05295-
05296-
05312-
Total 2005
t--
06032-
06087-
06098-
06109-
06124-
06127-
06128-
06143-
06147-
06148-
06150-
06154-
06178-
06189-
06192-
06193-
06219-
06224-
06228-
06236-
06280-
06295-
06319-
06332-
Total 2006
, :'J
BONNESS INC.
3/22/2011 Item 9.A.
Pavln\! and Slleworlt Contraetors
www.Bonnesslne.eom
County Roadways Projects - Tab II
2.500.00 Frangipanni & Tobias - (Prime
7,491.97 20Th Place SW (Swale Modificat
57,897.60 Veterans Park Dover Run
472,944.55 Golden Gate Blvd At Everglades
99,750.32 North 9Th Street @ S.R 29
33,197.29 Livingston Rd @ Pine Ridge Rd
49.996.99 Forest Lakes MSTU 2005
12,401.19 Golden Gate Parkway Pavers
66,27865 Roberts Ave @ SR 29
110,523.57 Immokalee Dr @ SR29
37,234.58 Immokalee Overlay & Sealcoat
174,251.37 East Naples Middle Schoollmpr
83,828.83 Immokalee Pavers - Median Modi
6,703.24 Forest Lakes Addl Patching
999.52 Collier Blvd Exc. French Drain
162.00 Granada Homes New Carstops
299,439.93 Golden Gate/Sunshine Blvd.
84.947.62 Golden Gate Pkwy@44Th Street
10,504.83 Immokalee Pioneer Museum At Ro
64,653.20 CR29 Road Repair (Chokoloskee)
29,641.97 Airport Rd (CR31)@ Transfer Rd
1,705,349.22
1.013,975.86 Collier County Resurfacing '06
19,80242 Airport Pulling & North Rd
1,361.96 Gulf View Middle School Track
1,968.16 Oakridge Middle Track Patch
177,283.38 Lakewood Blvd @ Davis Blvd Int
47,010.44 Forest Lakes MSTU Woodshire La
11,050.65 Golden Gate Parkway @ Naples B
3,561.70 Davis Blvd @Germain Honda Med
502,254.54 Radio Rd (Devonshire To Living
59,586.00 Radio Rd At Kings Way/Briarwoo
9,024.52 Collier Co. Medical Examiner
9,880.00 Collier County Bayshore Drive
130,092.34 Orange Blossom Drive @Airport
33,517.75 Pelican Bay Maintenance Facili
5,563.46 Collier County E.M.S. Asphalt
39,135.59 South Collier Water Treatment
943,095.19 Livingston Rd/Golden Gate Pkwy
4,962.64 Forest Lakes MSTU Drainage Mod
1,908.90 Collier County Dept. Of Facili
25,000.00 Forest Lakes MSTU Asphalt Repa
9,257.70 Radio Road & Fox Fire Paver Ar
34,559.25 Lakewood Speed Humps
87,889.42 Granada Bivd/GG Sidewalks
3,375.00 Collier Government Complex
3,175,116.87
8
1990 Seward A.,enue. Naples.. FL.. 34'09" ph (239) 597.6221 . Ix (239) 597.7416
23423 Janice Avenue.. Port Charlotte.. PL.. 33980 .vh f94l) 235.6060. Ix (941) 766.6166
Flo,'.. cue. Packet Page -349-.......
.
07007-
07029-
07039-
07095-
07096-
07126-
07146-
07149-
07179-
07192-
07241-
07252-
07256-
07257-
07263-
07283-
07284-
Total 2007
08026-
08153-
08182-
08222-
Total 2008
.
09010-
09064-
09091-
09098-
09220-
09274-
09311-
09319-
Total 2009
.
10054-
10077-
10078-
10087-
10106-
10108-
10119-
10125-
10128-
10136-
10140-
10199-
10200-
10261-
10262-
10273-
10275-
10298-
10331-
Total 2010
350.00 Collier County Driveway Repair
2.226,557.01 Collier County Paving #07-4077
427,175.08 Livingston Rd. Pine Ridge Rd
189,495.79 Forest Lakes MSTU Main Roadway
3,685.30 Turtle Lake Court Sealcoat
118,478.92 Immokalee Beautification MSTU
446,992.31 Radio Rd. Phase I Median Impro
3,898.56 Naples High School- Carstops
16,924.29 Corporate Square Median Pavers
58,653.08 Oakmont Lake Bank Resurfacing
10,590.28 Oakmont Park Resurfacing
890,702.76 Collier County Paving #07-4077
82,641.42 US41 @WatersideShops
50,304.09 Wiggins Pass Road @ US41 Inter
56.150.17 Collier Blvd @ 25th Ave SW Int
42,663.93 Forest Lakes MSTU-Pavement Mar
11,491.66 Forest Lakes MSTU Asphatt Pate
4,676,754.67
139,05514 Bayshore Drive Crosswalks
2,48940 Collier County Facilities Mgmt
2,290.66 Collier County Park/Recreation
1.244,558.91 Collier County Asphatt Paving
1,388,394.11
494,747.97 Radio Road Median Improvements
1,956,121.20 Immokalee Rd Asphalt Paving
5,945.80 Collier County Wastewater Dept
826.02 Pelican Bay Maintenance Patchi
81,38830 Davis Blvd at Shadowlawn Dr
1,433,015.72 Collier County Annual Road Ove
1,791.28 Radio & Devonshire Intersectio
10,177.73 Cape Sable Drive Median Improv
3,984,014.02
308,458.97 Radio Road MSTU PH 3
9,407.02 Collier County 3/10 Millings
72,185.37 Collier County 3/10 Paving
2,468.00 Glenview Asphalt Sidewalk Rep
47,707.762010 Immokalee Sidewalks
23,731.95 Vanderbilt Dr At Aqua Pelican
112,294.40 Goiden Gate Pkwy. Bear's Paw
401,321.12 Golden Gate Pkwy Bear's Paw
316,868.27 J & C Blvd Intersection Improv
4,848.22 Pine Ridge North Swale Improv
20,599.09 Immokalee Rd at Collier Blvd
30,018.09 Bobbin Hollow Driveway Restora
334,283.27 Naples Park Sidewalk Improveme
47.141.88 East Naples Community Park Pav
10.939.78 Veterans Community Park Restor
156,945.06 Maintenance Of Collier County
564,405.18 White Lake Blvd Widening
159,219.54 Enterprise Ave Intersection
210,663.75 Progress Ave/Livingston Rd Int
2,833,506.72
~
Packet Page -350-
3/22/2011 Item 9.A.
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and SltewoB Contractors
wWVI.Bonnesslnc.com
Project Understanding - Tab II
The scope of work under RFP 10-5450 is for various roadway
construction services to include the modification of turn lanes,
medians and intersections for Collier County roadways.
Typical to this work, but not limited to, will be clearing, curb removal,
excavation (cut and subgrade), the construction of a pavement base,
paving, drainage, utility conflicts, irrigation, new curb and sidewalk,
driveway installations, sign age and striping, handicapped ramps,
constructing swales and maintenance of traffic in accordance with
FDOT and Collier County standards. Collier County is also including
services to design and build hammerheads at selected streets.
As a roadway contractor for Collier County, we will be responsible for
providing complete services for a variety of projects and we will
comply with all relative codes and regulations.
All of Bonness Inc.'s work will carry a one-year warranty, which
becomes effective after the project has been completed to the
County's satisfaction.
10
1990 Seward Avenue. Naples. PL. 34109. pb (239) 597.6221 . fx (239. 597.7416
23423 Janice Avenue. Port Charlotte. FL. 33980. ph (941) 235.6060. b: (940 766.6166
PIO<Id. cue, Packet Page -351-..5....
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3/22/2011 Item 9.A.
BONNESS INC.
Pavin~ and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
TAB III
COST OF SERVICES TO COUNTY
"'.
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
(I
Packet Page -352-
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Slteworlz Contractors
www.Bonnesslnc.com
3) Tab III, Cost of Services to the County (Maximum 15 Points)
Provide hourly rates listed below:
~
Cost per hour per employee for regular business hours Monday through Friday,
8:00 a.m. to 5:00 D.m.
Foreman/Suoervisor $24.11 per hour
Skilled Worker $20.67 per hour
General Labor $1576 per hou r
Percentage of mark-up over actual cost for materials and
parts as per example:_18.5 %
Example: Parts invoice Total $1,200 + 35% Markup =
$1,620 Actual Price for materials and Darts
Cost per hour per employee for
Overtime and Weekend Hours
Foreman/Su=rvisor $35.76 oer hour
Skilled Worker $30.48 oer hour
General Labor $23.25 oer hour
Foreman's per hour rate + 2 general laborer's
rate + ($1,000 [cost of parts] + % mark-up) = $1,250.92
bid for Duroose of evaluation.
Awarded vendor will be required to abide by the rates provided above.
,.
l~
1990 Seward A"enue .. Nllples.. PL.. .34109.. pb (239) 597.6221 . Ex (239) 597.74.6
23423 Janice Avenue.. Pon Charlotte. fL. 33980 . Db. (941) 235.6060 .. fx (9,H) 766.6166
flo"O. CUI Packet Page -353-C'.5".4
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3/22/2011 Item 9.A.
BONNESS INC.
Paving and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
TAB IV
STAFF/SUBCONTRACTOR
CREDENTIALS
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
l?J
Packet Page -354-
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BONNESS INC.
3/22/2011 Item 9.A.
PII"lnll and Slteworlz Contraetors
www.Bonnesslnc.com
Collier County Detailed Plan of Approach - Tab IV
Project bid information will be received by Jeanne Carnes in the estimating
department. The bid will be prepared and sent to the requesting party prior
to the due date and time.
Upon award of the project, Dave Crosby and Mrs. Carnes will organize a
pre-construction meeting with Jay Winkley and Ernesto Gutierrez.
Mr. Crosby will then set up a pre-construction meeting with Collier County
and will arrange for locates and advise the county of road alerts.
Dave Crosby decides the best team for each project, meets with them and
,.. develops a project schedule that meets with the county's approval.
Once the project is started, weekly manager meetings and safety meetings
are held. Jay Winkley and Ernesto Gutierrez will be on site daily overseeing
all work. Dave Crosby will make daily site visits to check on the work and
safety compliance.
fI'-
pf
]990 Seward Avenue. Naples. fL. 34109. pit (239) 597.6221 . h (239) 597.7416
23423 Janice Avenue. Pon Charlotte. fL. 33980 -Db (941) 235.6060. Ex (941) 766.6166
flo,'.. cuc Packet Page -355-"......
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BONNESS INC.
3/22/2011 Item 9.A.
P8Y1nll and Slteworlz Contrae1ors
www.BonnessInc.com
Proposed Contract Team - Tab IV
.
Jeff Janco, Executive Director Sales and Construction
(239)253-7607
David Crosby, Project Manager (239)253-5049
Jay Winkley, Paving/Striping Supervisor (239)253-5046
Ernesto Gutierrez, Concrete Supervisor (239)253-9104
Chris Slaby, Crew Leader (239)253-9136
Hermino L1opiz, Crew Leader (239)8331
Jeanne Carnes, Estimating/Contracts Administrator
(239)253-6248
(Please see attached resumes/bios)
.
I~
1900 Seward Avenue. Naples. fL. 34109. ph (239) 597.6221 . fx (239) 597.7416
23423 Janice Avenue. Port Charlotte. Pi . :53980 . uk (941) 235.6060 . b (941) 766.6166
flo"do cuc. Packet Page -356-........
r-
,.
,..
Experience
Education .
and .
Certifications .
References
3/22/2011 Item 9.A.
Jeffrey M. Janco
1990 Seward Avenue, Naples, FL 34109
Phone: 239-597-6221 - E-mail: jjanco@bonnessinc.com
. 2003-Present - Bonness Inc., Naples. FL
. 2010 Executive Directors of Sales and Construetion
o Manage Project Managers November 20 I O-Present
o Oversee Sales and Construction Teams in regards of civil
commercial and residential projects for the SW Florida Region.
. 2009 - 2010 Director of Sales
. Responsible for area sales, establishing growth of area and in house
divisions of underground utilities, customer relations and supervision of
sales team and subcontractors. Supervise all bids including municipalities
as well as residential and muhi-million dollar commercial projects. Projects
involve all phases of site development including land clearing, blasting,
excavation, underground utilities, grading, Iimerock base, asphalt, concrete,
traffic control, signalization, layout, testing, signage and striping.
. 2005-2009 Commercial Estimator & Sales
. 2003-2005 Renovation Estimator maintenance and modifications
.
1995 Graduated from Cypress Lake High, Fort Myers, FI
Agtek Civil Material Takeoff Reporting
Bid2win Estimating Software Training
Critical issues in Personnel Law
Fred Pryor Seminars Conducting Employee Evaluations
Preventing Sexual Harassment for Managers
Dale Carnegie's Highly Successful Management Skills
Contractual Risk Transfer Training
Nine Traits of Highly Successful Teams
Proj ect Manager Cert. Career Track
.
.
.
.
.
.
.
Dan Farrar, Workforce21 (239) 822-6668
David Davis, The Sembler Company (727)384-6000
Josh Fruth, Davidson Engineering (239)598-5270
Tommy Houchin, Houchin Construction (239)643-1783
.
.
.
lip
Packet Page -357-
.
Experience
.
Cerlilications
Education
References
.
3/22/2011 Item 9.A.
David Crosby
1990 Seward Avenue, Naples, FL 34109
Phone: 239-597-6221 E-mail: dcrosby@bonnessinc.com
1982-Present
Project Manager Bonness Inc Naples, FL.
. Project Manager September 2010-Present Oversees all aspects
of commercial and residential projects for Collier County and
South Lee County
. 1999 - 2010 General Superintendent in charge of scheduling, customer
relations and supervision of project foremen and subcontractors.
SupelVise al work relating to Collier County and City of Naples annual
roadway contracts, as well as residential and multi-million dollar
commercial projects in Collier County. Projects involve all phases of site
development Including land clearing, blasting, excavation, underground
utilities, grading, limerock base, asphalt, ooncrete, traffic control,
signalization, layout, testing, signage and striping.
. 1987-1999 Asphalt and Umerock Foreman
. 1985-1986 Estimator
. 1982-1985 Limerock Foreman
1978-1982
~.
Equipment Operator Highway Pavers, Inc. Naples, FL
. Operated graders, loaders, rollers, dozers and asphalt pavers on
commercial and residential projects in Collier County.
. CareerT rack Microsoft Office
February 27, 2008
. Fred Pryor Seminars Conducting Employee Evaluations
January 30, 2008
. Advanced MOT / A TSSA
August9,2oo7
. Graduated from Morristown High School, Morristown, NY 19777
. Brad Hefner, City of Naples (239) 253-5860
. Stan Rack, The Sembler Company (727)384-6000
. Ron Rice, City Gate Development, (239)598-5270
17
Packet Page -358-
3/22/2011 Item 9.A.
r
Lyman "Jay" Winkley
1990 Seward Avenue. Naples. FL 34109
Phone: 239-597-6221 E-maR: jwin~ley@bonnessinc.com
ExperIence
1992-Present
Supervisor Bonnesa Inc. Naples, FL
. 2000 - Present Paving Superintendent in charge of scheduling,
customer reIa1ions and supervision of project foremen and
subcontractors on all paving projects. Supervise all work relating to
residential and commercial projects in Collier. Lee and Charlotle
counties.
. 1993-2000 Paving Foreman
. 1992.1993 Paving Crew I Seelcoat Crew
1989.1992
Owner I Operator Circle City Paving Avon, IN
. Responsible for all field aspects and office-related duties of
driveway paving projects.
,...
1983.1989
Paving Foreman Terra West Phoenix, AR
. Supervise all work on multi-million dollar commercial projects including
airports. roadways, retail centers, etc.
Certllications .
FOOT Asphalt Paving Technician - L2
March 7, 2008
. FOOT Asphalt Paving Technician - L 1
March 4, 2008
. CareerTrack Microsoft Office
February 27,2008
. Fred Pryor Seminars Conducting Employee Evaluations
January 30, 2008
. Advanced MOT I ATSSA
August 9, 2007
Education
. Graduated from Rockville Training Center, Rockville, IN 1974
References
. Alexander Blanco. Collier County (239)774-8924
. Jim Thompson. Lee Mar Construction (239)481-2613
. Brad Hefner. City of Naples (239) 253-5860
,.
(8
Packet Page -359-
.
.
.
Ernesto Gutierrez
1990 Seward Avenue
Naples, FL 34109
2000-Present
Bonness Inc.
Concrete Supervisor
Job Duties:
Oversee three crews on all concrete projects
Curbing- F, D, A, E
Sidewalks
Retaining Walls
Scheduling
Coordinate crews
Quality Control
Customer relations
3/22/2011 Item 9.A.
(239)253-9104
egutierrez@bonnessinc.com
Most recently worked on Radio Road Phase III, CR951 and Immokalee Road, J&C
Blvd and Airport Road, Immokalee Sidewalk Improvements
Certifications:
OSHA 10 Hour Construction 9/2010
Critical Issues for Supervisors and Managers 3/2009
References:
Brad Hefner - City of Naples (239)253-5860
Dave Rivera - City of Naples (239)253-5839
Roy Benjamin - Charlotte County (941)628-8068
l~
Packet Page -360-
(-
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r-.
3/22/2011 Item 9.A.
Chris Slaby
105 10th Ave NE
Naples, FL 34120
(239)253-9136
1994-Present
Bonness Inc.
Limerock Crew Leader
Hired as a foreman in 1994. Worked on many Collier County roadway
projects including Livingston Road and Whippoorwill Lane. Mr. Slaby
most recently worked on the City Gate Commerce Park PH II.
MOT Certified - Advanced Work Zone Traffic Control
Certified Competent Person for Heavy Equipment Evaluation-
evaluates, trains and approves employees as competent operator of
heavy equipment.
~o
Packet Page -361-
.
.
.
Herminio L10piz
1990 Seward Avenue
Naples, FL 34109
1997-Present
3/22/2011 Item 9.A.
(239)253-8331
Bonness Inc.
Crew leader
Hired as a foreman in 1997. Mr. L10piz has worked on many Collier
County roadway projects I most recently Radio Road Phase III.
MOT Certified - Advanced Work Zone Traffic Control
;L1
Packet Page -362-
r
,..
,.
3/22/2011 Item 9.A.
Jeanne Carnes
10381 Regent Circle
Naples, FL 34109
(239)253-6248
icarnes@)bonnessinc.com
1999-Present
Bonness Inc.
Estimating/Contracts Administrator
Collier County Bid Coordinator
Project Set Up
Project Meeting Coordinator
Job Duties:
Bid coordination
Obtain project bonds
Filing county documents
Contact subcontractors for bids
Permitting
Marketing
Pre-bid meetings
Bid openings
Maintain bid list and files
Set up project files
References:
Leslie Sanford
City of Marco Island (239)389-5000
Jennifer Chapman
Johnson Engineering (239)334-0046
7.J..
Packet Page -363-
.
3/22/2011 Item 9.A.
BONNESS INC.
Paving and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
TAB V
. CORPORATE EXPERIENCE AND
CAPACITY CURRENT WORKLOAD
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
.
l...3
Packet Page -364-
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnllllDd Sltework Contraetors
www.Bonnesslnc.com
Financial Strength - Tab V
Bonness Inc. IS a long established, profitable, Collier County based
company.
Bonness prides itself on the fact that the office building, mechanic's shop
and all but one percent of the equipment are paid off.
Bonness pays all bills on time, taking whatever discounts are available. As
a result, no subcontractor has ever declined to work for us and we get the
best service possible from all of our vendors.
(please see enclosed letter from Lykes Insurance)
Alp
1990 Seward Avenue. Naples. FL. ~"ID9. pb (239) 597.6221. hi: (239) 597.74l6
23423 Janice A.,enue . Port Charlotte. PL . 53980 . ph (941) 235.6060 . fx (941) 766.6166
"0".' CUI Packet Page -367-c.......
1Lt1~~.
. 400 N -impa Street. IUIt' ))00 .-'am~a Flenda 33602. P8 &ox 2879. Tampa, [I"[lda 3360'.8112233,11. POD 243 0491. fax 813.22' 1857. www.lyk","surance.com
3/22/2011 Item 9.A.
December] 3, 2010
The Board of County Commissioners of Collier County FL
Mr Brenda Brilhart, Purchasing Agent
330] Tamiami Trai] East
Naples FL 34] 12
Re: Bonness Inc., as Contractor
RFP#] 0-5450, Asphalt Roadway, Concrete, Curb, Sidewalk, and Driveway Installations, as
Project
Dear Ms Brilhart:
.
It is our understanding that you are considering Bonness Inc. as the contractor for your construction
project. We are prepared to provide surety bond credit for them well in excess of your requirements as
we entertain a single project bonding capacity of Fifty Million Dollars and a total aggregate bonding
capacity in excess of One Hundred Million Dollars.
We have had the privilege of doing business with Bonness Inc. for over ten years and consider them to be
one of our more valued clients. Their Surety is Fidelity and Deposit Company of Maryland who holds an
AM Best Rating of A+, Financial Class of XV and are on the US Treasury List of Approved Sureties.
Their home office address is ]400 American Ln, Tower 1, Schaumburg IL 61096.
A Perfonnance and Payment Bond equal to one hundred percent of the contract amount is subject to our
review and acceptance of the contract tenns and conditions, bond fonns, construction fmancing details
and a satisfactory underwriting requirement review at the time of the request. We assume no liability jf
for any reason we do not exccute such bonds. This letter is not to be construed as a bid bond nor a
pcrfonllance and payment bond. Once the Surety has reviewed the underwriting requirements and a
perfonnance and payment bond is issued for this contractor, there is no potential risk to the obligee.
'nTeir construction team consistently brings their projects in within the budget and on time. Their
payment record is excellent and they enjoy an enviable reputation. [n our opinion, Bonness Inc. remains
properly financed, well equipped, and capably managed.
I highly re
nness Inc. and invite your further inquiry.
_c.l\......~
~. een Heard ..--
FL Licensed Resident Agent
Sr. Surety Account Executive
.
J.7
EXPERIENCE the POWER of PARTNERSHIP
Packet Page -368-
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BONNESS INC.
3/22/2011 Item 9.A.
PII"lnllllnd Slteworlz Contraetors
www.Bonnesslnc.com
Current Workload - Tab V
",...
Bonness Inc. has successfully completed over three hundred jobs per
year in each of the past ten years. These jobs range in size from
small residential driveways to complete subdivisions and six-Ianing of
major roadways. The company is well staffed in both the field and
office. Bonness has never failed to meet a contractual commitment
because of an excessive workload. We pride ourselves on our ability
to effectively meet the needs of the community and staff ourselves
accordingly. Our current workload will, in no way, adversely affect our
ability to perform this work.
"..
"8
1990 Seward Avenue. Naples. FL. 34109. pili (239) 597.6221 . fx (239) 597.1416
23423 Janice A'9Cnne. Port Cbarlotte. PL. 33980. Db (941) 235.6060. Ix (941) 166.6166
.,.,Id. CUI Packet Page -369-0..5....
.
.
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" ,"
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Slteworlz Contraetors
www.Bonnesslnc:.com
Team Members Successful Experience - Tab V
Jeff Janco, David Crosby,Jay Winkley, Ernesto Gutierrez,
Chris Slaby, Hermino L1opiz, Jeanne Carnes
As evidenced by the attached resumes and bios, this team has been
working together for many years. Our team is experienced, hard working
and always keeps the client's needs in mind. Every member knows the part
they play in each project. Daily site visits by the project manager keeps
everything on track.
Because of this longevity, the team is familiar with each other's strengths
and weaknesses. We take over and assist each other when needed, all in
an effort to build the best project in the most cost effective, efficient and
timely manner. We're sure that the client references we provided will attest
to this.
-~~-~
The team has most recently worked together on Radio Road PH III, City
Gate Commerce Center, J&C Blvd and Airport Road Intersection, and
Regal Acres, Collier County Landfill.
^q
-"
1990 Seward ATlimue. Naples. fL. 34109. pb (259~ 597.6221 . f1: (2.39) S97.7416
23423 Janice Avenue. Port Charlotte. fL. 33980. ph (941) 23.5.6060. fz (941) 76&.6166
flo"do cu, Packet Page -370-0'."90'
'''"'''1
3/22/2011 Item 9.A.
BONNESS INC.
Paving and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597.7416 Fax
www.bonnessinc.com
TAB VI
~ CUSTOMER & REFERENCE LISTING
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
--
30
Packet Page -371-
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnllllnd Slteworlz Contraetors
www.BonnessInc.com
Customer and Reference Listing - Tab VI
The Sembler Company
5858 Central Avenue
St Petersburg, FL 33707
Stan Flack
(727)384-6000 Fax: (727)345-4937 stan.flack@sembler.com
Brooks Village 2008-2009 - Corner of CR951 and Pine Ridge Road- Full site
development of shopping center. Project amount $5,330,742. It did meet the
budget and was completed on schedule.
Hoar Construction
Two Metroplex Drive, Suite 400
Birminham, AL 35209
Bill Heath
(205)803-2121 Fax: (205)423-2323 bheath@hoarllc.com
Mercato 2007- 2009 Major shopping center in Collier County - Corner of US41
and Vanderbilt - On site and off site work. Major modifications of turn lanes at
the corner and site development. Project amount $2,913,771. It did meet the
budget and was completed on schedule.
Lee County DOT
5650 Enterprise Pkwy
Fort Myers, FL 33905
Randy Cerchie
(239)533-8573 Fax: (239)694-1332 rcerchie@leegov.com
Sanibel Toll Plaza - 2010 Federally Funded parking lot renovation and roadway
improvements. Included concrete median work. Project amount $428,957, it meet
the budget and was completed on schedule.
Sunshine Blvd/Lee Bivd Dual Turn Lanes in Lehigh - 2009-2010 Federally
Funded intersection widening which included signalization, concrete median work
and asphalt mill/overlay. Project amount $553,431. Project met the budget and
was completed on schedule.
31
1990 Seward Avenue. Naples. PL. 34109. ph (239) 597.6221 . Ex (239) 597.7416
23423 Janice Avenue. Port Charlotte. PL. 33980. ph C941) 235.6060. f:I: (941) 766.6166
Hod.. cu Packet Page -372-,c'."9.'
---.
, :)
BON NESS INC.
3/22/2011 Item 9.A.
Plrflnll and Slteworlz Contrllctors
www.Bonnesslnc.com
City of Naples
835 8th St South
Naples, FI 34104
Brad Herner
253-5860 Fax: 213-5010 bhefner@naplesgov.com
Sandpiper Street Roadway Improvements 2008 - Milling, concrete removals,
curbs, grading, paving, overlook. Project amount $172,899. It did meet the
budget and was completed on schedule.
Annual roadway contract 2006-2010 - overlays, repairs (asphalt and concrete).
sealcoating. Jay Winkley is in daily contact with Brad Herner regarding projects
and scheduling. Project amounts would vary. Mr. Winkley and Mr. Gutierrez
continually complete each one in the most cost effective manor and time frame.
~
The Ronto Group
4185 Horseshoe Drive South
Naples, FL 34104
Mark Taylor 580-8837 Fax: 649-8870
mtaylor733@comcast.net
Bonita Beach Road 2009 - Four-Ianing two miles. Clearing. embankment,
drainage, relocating utilities, curbs, guard rails, paving, traffic signals. Project
amount was $6,196,704. Project did meet the budget and was completed on
schedule.
City Gate Development
6021 Trophy Drive
Naples, FL 34110
Ron Rice 598-5270 Fax: 598-5271
rrice10@comcast.net
City Gate Commerce Center PH 2 2010 - full site development of an industrial
park in Collier County. Work included roadways and turn lanes. Project amount
was $3,505,798. Project did meet the budget and was completed on schedule.
~
3A
J990 Seward Avenue. Naples. FL -34109. ph (239) 597.6221 . Ix (239) 597.7416
2342! Janice AlI'enue . Port Charlotte. fL. 33980 . I'll (941) 233.6060 . Ix (94t) 766.6166
fl.,'do cu Packet Page -373-.c.......
.
,: ]
BONNESS INC.
3/22/2011 Item 9.A.
Pnlnllllnd Slteworlz Contraetors
www.6onnesslnc.com
City of Punta Gorda
326 W Marion Avenue
Punta Gorda, FL
Steve Padgett (941)575-5050 Fax: (941)575-5044
spadgett@ci.punta-gorda.fl.us
West Retta Esplanade 2010 Connected US41 N to US41 S. Project included
paving, underground utilities, concrete sidewalks, pavers. Project amount was
$356,355. Budget was met and we came in on schedule.
Habitat for Humanity of Collier County
11550 E Tamiami Trail
Naples, FL 34113
Nick Koulohet'as
(239)775-0036
nkouloheras@hfhcollier.com
. Regal Acres 2009-2010 Residential sitework project. Included underground
utilities, lake excavation, roadways and concrete work.
Project amount $2,705,747. Budget was met and we came in on schedule.
City of Bonita Springs
9101 Bonita Beach Road
Bonita Springs, FL 34135
Dave Liccardi (239)949-6244 Fax: (239)949-6245
david .Iiccardi@cityofbonitasprings.org
Annual Operation and Maintenance Agreement 2008-2010 Various projects
which included West Terry swale restoration and shoulder modifications, West
Terry Sidewalk Repairs and Mitered Ends, McKenna Ave Improvements.
Budgets and schedules were met for each project.
.
33
191K1 SeWllrd Avenue. Naples. PL.. 34109. ph (239) 597.6221 . fx (239) 591.7416
23423 Janice A'fenue.. Port Charlotte. FL.. 33980.. pb (HI) 235.6060 . fx (941) 766.6166
FI."da cu Packet Page -374-",.......
(
II-
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3/22/2011 Item 9.A.
BONNESS INC.
Pavi~ and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
TAB VII
ACCEPTANCE OF CONDITIONS
RFP #10-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
3q
Packet Page -375-
.
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Slteworlz Contraetors
www.Bonnesslnc.com
Acceptance of Conditions - Tab VII
Bonness Inc. has no exceptions to the general terms and conditions of the
RFP and to insurance requirements or any other requirements listed in the
RFP.
35
---.,
1990 Seward Avenue. Naples. FL. 34109 . pb (239) 597.6221 . Ix. (~39) 597.7416
23423 Janice Avenue. Port Charlotte. fL. 33980 . pb (941) 235.6060 . Ex (941) 766.6166
Florida CU( Packet Page -376-c#05990.f
r
,...
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3/22/2011 Item 9.A.
BONNESS INC.
Paving and Sitework Contractors
1990 Seward Avenue
Naples. Florida 34109
(239) 597-6221 · (239) 597-7416 Fax
www.bonnessinc.com
TAB VIII
REQUIRED FORM SUBMITTALS
RFP #1 0-5450
"Asphalt Roadway, Concrete, Curb
Sidewalk and Driveway Installations"
3<0
Packet Page -377-
.
3/22/2011 Item 9.A.
~~
---: .- -
.Adni1 tblbl:ltive SeM:es DiYfsicn
Purd181l1r'Q
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM 1
Memorandum
Date:
December 14,2010
From:
Brenda Brilhart, Purchasing Agent
To:
I nterested Bidders
Subject:
Addendum # 1: RFP 10-5450 - "Asphalt Roadway, Concrete, Curb, Sidewalk and
Driveway Installations"
. The following clarifications are issued as an addendum identifying the following change (s) for
the referenced solicitation:
.
-',
DELETE the fOllowing duplicated paragraph from Tab II, page 6:
2) Tab II: Proposer's Credentials, Previous Performance and Project Understanding
(Maximum 30 Points/Maximum 20 Pages):
Provide (l cover letter, si!ijReS ey an a~horized officer of tho fiFR'I, iRsisaiin~ the underlyin~
FlAilesopAY sf iAe firm in pre'liding the services stales herein. Incluse lho Ramers), telephone
nUFflser(,,), aAd omail(s) of tAe aOltAerizes Gentael perseR(o) eeRseFFliR!j prepe"a!. Suemiosien of
(l si!jngs PreFlS5iJI is PrsFlElSgr's cerlifisation tAat the PrsFleser will accept any aVlarels FRase te
him as a result of saiel submissien of tAg IOFFfls sElFltained therein.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
c:
Dan Hall, Project Manager
Bonnes~ '
By: h.t'~
Kathleen M. Bailie, President
December 20,2010
31
Packet Page -378-
3/22/2011 Item 9.A.
("
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AdrririslJali'I seMoes CMskln
Purt:tlasing
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM 2
Memorandum
Date:
December 17,2010
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum # 2: RFP 10-5450 - "Asphalt Roadway, Concrete, Curb, Sidewalk
and Driveway Installations"
The following clarifications are issued as an addendum identifying the following change (s) for
the referenced solicitation:
I". CHANGE:
The E-Verify requirements were updated during the Board of County Commissioner's meeting
on 12/14/10 (10 E - G). The Board gave Purchasing the discretion to collect the E-Verify
documents (interpreted as a minor irregularity) if not submitted with the proposal. The proposer
could be given 1 - 3 business days to submit the documentation.
Page 23:
If the BidderNendor does not complv with providina both the acceptable E-Verifv
evidence and the executed affidavit the bidder's I vendor's proposal &RaIl be deemed
non-responsive. Documentation of these reauirements will RGt-be accepted after the bid
I proposal deadline date.
1. Changed "shall" to "may"
2. Removed: Documentation of these reauirements will not be accepted after the bid I
proposal deadline date.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
,.. c:
:'"8
12/20/2010
Bon~ _
By:' n~~t:.L:
Kathleen . Bailie, President
Dan Hall, Project Manager
Packet Page -379-
.
.
.
A !~~~t~!~o!t~~:
www.Bonnesslnc.com
3/22/2011 Item 9.A.
TAB VIII
REQUIRED FORM SUBMITTALS
3) Tab III, Cost of Services to the County (Maximum 15 Points)
Provide hourly rates listed below:
Cost per hour per employee for regular business hours Monday through Friday,
8:00 a.m, to 5:00 p.m.
Foreman/Supervisor $24.11 Der hour
Skilled Worker $20.67 Der hour
General Labor $15.76 Der hour
Percentage of mark-up over actual cost for materials and
parts as per example:_ 18.5 %
Example: Parts invoice Total $1,200 + 35% Markup =
$1 620 Actual Price for materials and Darts
Cost per hour per employee for
Overtime and Weekend Hours
, Foreman/Suoervisor $35.76 oer hour
. Skilled Worker $30.48 oer hour
General Labor $23.25 Der hour
Foreman's per hour rate + 2 general laborer's
rate + ($1,000 [cost of parts] + % mark-up) = $1,250.92
bid for purpose of evaluation.
Awarded vendor will be required to abide by the rates provided above.
.39
1990 Seward Avenue. Naples. fL. 34109 . ph (239) 597.6221 . fx (239) 597.7416
23423 Janice Avenue. Port Charlotte. PL. 33980. ph (941) 235.6060. Ix (94)) 766.6166
florid. CU. Packet Page -380-c..5....
3/22/2011 Item 9.A.
Attachment 1
r
Collier County Board of County Commissioners
Purchasing Department
Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
~ The Proposal has been signed.
~ All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
rgI Any addenda have been signed and included.
ci
The mailing envelope has been addressed to:
Collier County Board of County Commissioners
Purchasing Department, Building "G"
3327 Tamiami Trail, East
Naples, Florida 34112
Attn: Brenda Brilhart, Purchasing Agent
[if
""rd
The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and
Due Date.
The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Bonness Inc.
Address:
1990 Seward Avenue
City, State, Zip:
Naples, FL 34109
Telephone:
(239)597-6221
Representative Signature:
kbailie@bonnessinc.com
~;6'~~~<..i,~
Kathleen M. Bailie, President
Date 12/14/2010
Email:
Representative Name:
".
Jfo
RFP 10-S450
25
Packet Page -381-
3/22/2011 Item 9.A.
Attachment 2 ~ ( A
. Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation.
If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed
below and return this form via email or fax, noted on the cover page, or mail to Collier County Purchasing
Department, 3327 Tamiami Trail East, Naples, Florida 34112.
.
o
~
Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
.
J../I
"
RFP 10-5450
26
Packet Page -382-
3/22/2011 Item 9.A.
Attachment 3
--
Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
wor1<; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and/or project duration.
Firm:
Bon~
Id~ ,'12-
12/20/2010
Signature and Date:
Print Name Kathleen M. Bailie
Title of Signatory President
State of Florida
~ County of Collier
SUBSCRIBED AND SWORN to before me this 20 day of December, 2010,
by ~t-~YI€- , who is personallv known to me to be the
for the Firm, OR who produced the following
identification
G:}j)~ CU\A~
Notary Public
My Commission Expires \ \ \ 1\ \ \'-\
, \
. 1lBlMA.1IftlllFlElI)
, MY oc:u.tISSION t EE Ilil42ll4
, . EXPIRES: Ntwtmbor 9. 201'
_T1w~I'llIIIII:U_
,.
41--
RFP 10.5450
27
Packet Page -383-
3/22/2011 Item 9.A.
Attachment 4
.
Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP NO. 10-5450 -- "Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations"
Dear Commissioners:
The undersi9ned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by RFP # 10-5450.
.
(proposal Continued on Next Page)
.
L{-3
-~,
RFP 10-5450
28
Packet Page -384-
3/22/2011 Item 9.A.
PROPOSAL CONTINUED
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 20 day of December, 2010 in the
-County of Collier, in the State of Florida.
Firm's Legal Name: Bonness Inc.
Address: 1990 Seward Avenue
City, State, Zip Code: Naples, FL 34109
Florida Certificate of F19249
Authority Document Number:
Federal Tax Identification 59-2055219
Number
Telephone: (239)597-6221
FAX: (239)597-7416
Check on of the following:
o Sole Proprietorship
IS! Corp or P. A. State of Florida
Signature by:
(Typed and written)
Title:
o Limited partners~ 0 General Pai),nership
Kathleen M. Bailie ,n;t1~1 f':.-
President
Send payments to:
~ (required if different from above)
Contact name:
Additional Contact Information
Bonness Inc.
Company name used as payee
Jane Baratta
Title:
Corporate SecretaryrT reasurer
Address:
1990 Seward Avenue
City, Stale, ZIP
Naples, FL 34109
Telephone:
(239)597-6221
FAX:
(239)597-7416
Email:
jbaratta@bonnessinc.com
Office servicln9 Collier
County to place orders
(required If different from above)
Contact name:
Title:
Address:
City, State, ZIP
". Telephone:
Email
'-I~
RFP 10-5450
29
Packet Page -385-
3/22/2011 Item 9.A.
.
~~
M,;,.ilillc4iYe ~ t:lvisiOil
Purdla&irlg
Attachment 5
Immigration Affidavit Certification
RFP #: 10-5450
Title: Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
This Affidavrt is required and should be signed, notarized by an authorized principal of the firm and submitted wrth
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-Verlfv proaram. shall deem the Vendor I Bidder's proposal as non-resDOnslve. Documentation of
these reauirements will not be accepted after the bid / proposal deadline date.
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.SC. Section 1324 ate) Section
274A(e) of the Immigration and Nationaiity 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
Bonness Inc.
Print Name
Kathleen M. Bailie
~O"P~.~
Title _President
Signature
Date 12120/2010
State of Florida
County of Collier
The forego!'1g Instrument was signed and acknowledged before me this 2ct day of 'h:._C! e. h'I. be r
20J.Q., by \-'-a4\...\ ~<'" lI\:;B<w \ Ie.. ~
who has produced :9exSCi\'~ 'L ~ as identification.
(Print or Type Name) (Type of Identifieati n and Number)
~~~
Netary Public Sillna),\/'1' r ) I I
..>J:1ej,'(TA. t:'\,~o.Jl,,"", ~
Printed Name of Notary Public \ '\
lOt: 03l.\9-11,\ \\_C\_''f_
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.
""""
L./5
RFP 10-5450
30
Packet Page -386-
3/22/2011 Item 9.A.
~
c&.~
-~~ ,.'.-
Ar..ll.,;, M.6.e Sen/ice$ CiMsia'l
F'urd\lIIIinQ
Attachment 6
Affidavit for Claiming Status as a Local Business
RFP #:10-5450 Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
(Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
I:8J Collier County D 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 I:8JCollier County or D Lee County: _1981
Number of Employees (Including Owner(s) or Corporate Officers):_121
Number of Employees Living in I:8J Collier County or D Lee (Including Owner(s) or Corporate
Officers):_55_
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: Bonness Inc.
Signature: 0"-'''""" >1~,../2..
STATE OF FLORIDA
8 COLLIER COUNTY D LEE COUNTY
Date: 12/20/2010
Titlef~
--
Sworn to and SUbsc~ed Before Me. a Notary Public, for the above State and County, on this
2.04!:- Day of ~e.",-ber- , 2010.
c:i.:::)! ..h rtl.. rCUY\&--t-A \; '0 f)
Notary Public
My Commission Expires: \I \q \ \ '-1
, ,
m DEiIlMA.~
. . M'/00IlIe::::;9,2014
. . :11IUilowYNJIC~
(AFFIX OFFICIAL SEAL)
L1{p
Packet Page -387-
RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.A.
.
Attachment 7
Collier County Florida
Insurance and Bonding Requirements
i,~~~~j:~fiij~~ii'i~*ji:=ijl~!;;i;i::i~,:;i~~~;::~1~i~1:~:i:,~:~;;~r!~~~!Ji~~~!!;j~11~!~!~1~~~r:
Compensation Government Statutory Limits and Requirements
2. ISI Empioyer's Liability $1,000,000 sin91e limit per occurrence
3. ISI Commercial General Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the $2.000.000 single limit per occurrence
current ISO form
4. ISIlndemnification
.
4. 0 Automobile Liability
5. 0 Other insurance as
noted:
6. 0 Bid bond
.
7. ISI Performance and
Payment Bonds
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, inciuding, but not limited to, reasonable attomeys' 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
ContractorNendor/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.
$ 2 000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
o Pollution
Occurrence
$
Per
o ProfeSSional Liability $ Per
Occurrence
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
o Valuable Papers Insurance
Occurrence
$
Per
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.
For projects in excess of $200,000, bonds shall be submitted with the
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
~
41
32
Packet Page -388-
~
.--
.
3/22/2011 Item 9.A.
RFP 09-5197 Annual Contract for Roadway Contractors
8.
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.
I2SJ 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.
I2SJ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate
for Commercial General Liability where required.
10. I2SJ Collier County Board of County Commissioners shall be named as the Certificate Holder
and the certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11, I2SJ Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurabiiity may
be required within five (5) days of the award of this solicitation.
Name of Firm
Bonness Inc. Date 12/20/2010
~.J4,d'A-d_" J2.
-K/J.~II!~ M. sj{.e, Pre.s.~
Vendor
Signature
Print Name
Insurance
Agency
Marsh USA Inc.
Agent Name Erica L. Connick
Telephone Number (239)597-6221
'-l~
33
Packet Page -389-
.
.
.
3/22/2011 Item 9.A.
;~;E-Verify
. ".",~..
~
lI-v..YP'fn.......vrc:ltlPlllUI
Company 10 Number. 228379
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Sonnen Inc. (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU
explains certain features of the E-Verlfy program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Fonn (Fonn 1-9). For covered government contractors, E-
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E-Verify program is found in TItle IV, Subtitle A, of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. 9 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO SE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. 9 552a). the Social Security Act (42 U.S.C. 1306(a)}, and SSA
regulations (20 CFR Part 401).
,._,
~q
Page 1 of 13lE-Verify MOU for EmployerlRevisloo Date 10/29108
www.dhs.gov/E-Verify
Packet Page -390-
3/22/2011 Item 9.A.
~
i:;E-Verify
. ",,"C.
t t>~
~
~VlII'lI"U"",."fl::ll Ol!'PII'
Company 10 Number: 228379
4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Govemment work days
of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that
is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aiens through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
. Automated verification checks on alien emplOyees by electronic means, and
... . Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. DHS
agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS
representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
(INA) and Federal criminal laws, and to administer Federal contracting requirements.
.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
.50
Pig. 2 of HIE-Verify MOU for Employe~Revision Date 10/29/08
www.dhs.govlE-Verify
Packet Page -391-
.
.
.
3/22/2011 Item 9.A.
::E-Yerify
.~
a.V..l" II ~ 51Ul.Vlca liP DHs
Company ID Number. 228379
non confirmation of employees' employment eligibility within 3 Federal Govemment work days of
the initial inquiry.
8. DHS agrees to provide a meens of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfirmatlons and
photo non-match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Govemment work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and an employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers ofthe Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version
of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of E-
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
. If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 6 C.F.R.
~ 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E-Verify at 866-464-4218.
. If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form 1-766
(Employment Authorization Document) to complete the Form 1-9, the Employer agrees to
mak.e a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non-matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form 1-9. DHS may in the future designate other documents that activate
the photo screening tool.
5l
Page 3 of 1JIE-Verify MOUfor Emplo1e~Revisjon Dale 10.129108
www.dhs.govIE-Verify
Packet Page -392-
.~
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".
3/22/2011 Item 9.A.
'E-Verify
eM
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Company 10 Number: 228379
6. The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms 1-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to comply with the antidiscrimination requirements of seellon 274B of the INA with
respect to Form 1-9 procedures, except for the following modified requirements applicable by
reason of the Employe~s participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1 )(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual If It obtains confirmation of the Identity and employment eligibility of
the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of
continued employment following a final nonconfirmation; (4) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during
the course of E-Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after both sections 1
and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps
of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer
is prohibited from initiating verification procedures before the employee has been hired and the
Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3-clay
time period is extended until it is again operational in order to accommodate the Employe~s
attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form 1-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer performs an E-Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article II.D, the Employer will not verify selectively and will not verify
employees hired before the effective date of this MOU. The Employer understands that if the
Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the
Employer may be subject to appropriate legal action and termination of its access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affirmative steps (see Article 11I.6. below) to contact DHS with information
necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon
the employee'S perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. ~ 274a.1(1))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
govemment to resolve a case), or the finding of a photo non-match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the .
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment. or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfjrmation or a photo non-match or if a secondary verification is
completed and a final non confirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TOD).
11. The Employer agrees to comply with TItle VII of the Civil Rights Act of 1964 and section
2746 of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 2746(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E-Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound 'foreign' or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair
immigration-related employment practices proviSions in section 274B of the INA could subject
the Employer to civil penalties. back pay awards, and other sanctions, and violations of Title VII
could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination
provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
12. The Employer agrees to record the case verification number on the employee'S Form 1-9
or to print the screen containing the case verification number and attach it to the employee's
Form 1-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as
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Company 10 Number: 228379
authorized by this MOU. The Employer agrees that it will safeguard this information, and means
of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose
and as necessary to protect Its confidentiality, including ensuring that it is not disseminated to
any person other than employees of the Employer who are authorized to perform the
Employer'S responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA Is
governed by the Privacy Act (5 U.S.C. ~ 552a(i}(1) and (3)) and the Social Security Act (42
U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses
it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring
and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to
review Forms 1-9 and other employment records and to interview it and Its employees regarding
the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS
requests for information relating to their participation in E-Verify.
D. RESPONSIBIUTJES OF FEDERAL CONTRACTORS
.
1. The Employer understands that if it is a Federal contractor subject to the
employment verification terms in Subpart 22.18 of the FAR it must verify the employment
eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to
verifying the employment eligibility of all other employees required to be verified under the FAR.
Once an employee has been verified through E-Verify by the Employer, the Employer may not
reverify the employee through E-Verify.
a. Federal contractors not enrolled at the time of contract award: An Employer that
Is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as
a Federal contractor in the E-Verify program within 30 calendar days of contract award and,
within 90 days of enrollment, begin to use E-Verify to Initiate verification of employment eligibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor, the Employer must initiate verification of employees assigned to the contract within
90 calendar days after the date of enrollment or within 30 days of an employee's assignment to
the contract, whichever date is later.
.
b. Federal contractors already enrolled at the time of a contract award: Employers
enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award
must use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3 business
days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90
calendar days or less at the time of contract award, the Employer must, within 90 days of
enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must initiate verification of each employee assigned to the
51
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
c. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local govemments, govemments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond may choose to only verify new and existing employees assigned to the
Federal contract. Such Federal contractors may, however, elect to verify aU new hires, and/or
all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
govemments, and sureties.
d. Verification of all employees: Upon enrollment, Employers who are Federal
contractors may elect to verify employment eligibility of all existing employees working in the
United States who were hired after November 6, 1986, instead of verifying only those
employees assigned to a covered Federal contract. After enrollment, Employers must elect to
do so only in the manner designated by DHS and initiate E-Verify verification of aD existing
employees within 180 days after the election.
e. Form 1-9 procedures for Federal contractors: The Employer may use a
previously completed Form 1-9 as the basis for initiating E-Verify verification of an employee
assigned to a contract as long as that Form 1-9 Is complete (including the SSN), compiles with
Article II.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form 1-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
1-9 complies with Article II.C.5, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form 1-9 contains no SSN or Is othelwise incomplete,
the Employer shall complete a new 1-9 consistent with Article II.C.5, or update the previous 1-9
to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form 1-551) that expired subsequent to completion of the Form 1-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall
be construed to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize verification
of any existing employee by any Employer that is not a Federal contractor.
2. The Employer understands that if it is a Federal contractor, its compliance with this MOU
is a performance requirement under the terms of the Federal contract or subcontract, and the
Employer consents to the release of information relating to compliance with its verification
responsibilities under this MOU to contracting officers or other officials authorized to review the
Employer'S compliance with Federal contracting requirements.
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Company 10 Number: 228379
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer records
the case verification number, reviews the input to detect any transaction errors, and determines
that the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system-generated referralietter and instruct the employee to visit an SSA
office within 8 Federal Govemment work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work days of the referral unless it
determines that more than 10 days is necessary. The Employer agrees to check the E-Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative non confirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
non confirmation.
2. If the Employer finds a photo non-match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non-
match tentative nonconiirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmatlon received from DHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
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after the Employer receives it.
4. If the employee contests a tentative noncontirmation issued by DHS, the Employer wi.
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referral letter) within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Govemment work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or Form
1-766 to DHS for review by:
. Scanning and uploading the document, or
. Sending a photocopy of the document by an express mail account (fumished and paid
for by DHS).
~
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access the
E-Verlfy System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
...
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take
51
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mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this
MOU when the Federal contract that requires its participation in E-Verify is terminated or
completed. In such a circumstance, the Federal contractor must provide written notice to DHS.
If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain
a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to
non-Federal contractor participants, and will be required to use the E-Verify procedures to verify
the employment eligibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy. or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor, termination of this MOU by any party for
any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
/,-
E. Each party shall be solely responsible for defending any claim or action against it arising
out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability
wherefrom, including (but not limited to) any dispute between the Employer and any other
person or entity regarding the applicability of Section 403(d) of IIRIRA 10 any action taken or
allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to. Congressional oversight, E-Verify publicity and media inquiries,
determinations of compliance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
.~,
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Company 10 Number: 228379
To be accepted as a participant in E.Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218.
Employer Bonness Inc.
Sandra I Santos
Name (ptease Type or Print)
Title
Electronically Signed
Signature
0710812009
Date
Department of Homeland Security - Verification Division
usels Verifieation Division
Name (Please Type or Print)
TIll.
Electronically Signed
Signature
0710812009
Date
5'1
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3/22/2011 Item 9.A.
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Company 10 Number: 228379
Infonnatlon Required for the E-Verify Program
Infonnalion relating to your Compllny:
Company Name: Bonness Inc.
Company Facility Address: 1990 Seward Ave
Naples, FL 34109
Company Alternate
Address: PO BOX 9140
Naples, FL 34101
.~
County or Parish: COLLIER
Employer Identification
Number: 592055219
North American Industry
Classification Systems
Code: 238
Parent Company:
Number of Employees: 100 to 499
Number of Sites Verified
for: 1
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for In
each StIIte:
.
FLORIDA
1 site(s)
.''-'"
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Pagt12 of 13iE-Verify MOU for Employe~Revision Date 10129/08
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3/22/2011 Item 9.A.
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Company 10 Number: 228379
Information relating to the Progrem Admlnistntor(s) for your Company on policy questions or
operational problems:
Name:
Telephone Number:
E...,ail Address:
Sandra I Santos
(239)331 .5140
ssantoaQbon.....Inc:.com
Fax Number.
(239)449.1474
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATION
3/22/2011 Item 9.A.
STATE OF FLORI~A
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LICENSE NBR
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Under.the p'roOvisions ofChaptar:489 FS.
Expiration date: AUG 31. 2012'
.BAILIE, KATHLEEN M
BOlmESS INC.
19"90 SEWARD AVE
NAPLES FL 34109
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
BAILIE, KATHLEEN M
BONNESS INC
267 CHANNING CT
NAPLES
FL 34110
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of BUSiness and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order 10 serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Amission at the Department is: License Efficiently, Regulate Fairly. We
~i~ntly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida. and congratulations on your new license!
DETACH HERE
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS
3/22/2011 Item 9.A.
AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
BAILIEL KATHLEEN M
BONNESs INC
267 CHANNING CT
NAPLES
FL 34110
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers. from
boxers to barbeque restaurants. and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.mynoridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and leam more about the
Department's inttiatives.
.. mission at the Department is: License Efficiently, Regulate Fairly, We
lstantly strive to serve you better so that you can serve your customers.
. {lank you for doing business in Florida, and congratulations on your new license I
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BAILIE, ltAT'HL1il:e:NM
BONNESS. IHO. '
1990 .SEWARD AVE
NAPLES FL 34109
CHARLi]j: CR:IST
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, Packet Page -404-
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CHARLIE L~E'"
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Slteworlz Contraetors
www.l\onnesslnc.com
References - Tab VIII
The Sembler Company
5858 Central Avenue
St Petersburg, FL 33707
Stan Flack
(727)384-6000 Fax: (727)345-4937 stan.f1ack@sembler.com
Brooks Village 2008-2009 - Corner of CR951 and Pine Ridge Road- Full site
development of shopping center. Project amount $5,330,742. It did meet the
budget and was completed on schedule.
Hoar Construction
Two Metroplex Drive, Suite 400
Birminham, AL 35209
Bill Heath (205)803-2121 Fax: (205)423-2323 bheath@hoarllc.com
Mercato 2007- 2009 Major shopping center in Collier County - Corner of US41
and Vanderbilt - On site and off site work. Major modifications of turn lanes at
the corner and site development. Project amount $2,913,771. It did meet the
budget and was completed on schedule.
Lee County DOT
5650 Enterprise Pkwy
Fort Myers, FL 33905
Randy Cerchie
(239)533-8573 Fax: (239)694-1332 rcerchie@leegov.com
Sanibel Toll Plaza - 2010 Federally Funded parking lot renovation and roadway
improvements. Included concrete median work. Project amount $428,957, it meet
the budget and was completed on schedule.
Sunshine Blvd/Lee Blvd Dual Turn Lanes in Lehigh - 2009-2010 Federally
Funded intersection widening which included signalization, concrete median work
and asphalt mill/overlay. Project amount $553,431. Project met the budget and
was completed on schedule.
CQ'f
1990 Seward Avenue. Naples.. fL. 34S09.. ph (239) 597.6221. fx (239) 597.7416
23423 Janice Avenue.. Port Charlotte.. PL.. 33980 .. ph (94I) 235.6060 . fx C94U 766.6166
flo,'.' C Packet Page -405-'BC'."'.'
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BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Slteworlz Contraetors
www.Bonnesslnc.com
City of Naples
835 8th St South
Naples, FI 34104
Brad Hefner
253-5860 Fax: 213-5010 bhefner@naplesgov.com
Sandpiper Street Roadway Improvements 2008 - Milling, concrete removals,
curbs, grading, paving, overlook. Project amount $172,899. It did meet the
budget and was completed on schedule.
Annual roadway contract 2006-2010 - overlays, repairs (asphalt and concrete),
sealcoating. Jay Winkley is in daily contact with Brad Hefner regarding projects
and scheduling. Project amounts would vary. Mr. Winkley and Mr. Gutierrez
continually complete each one in the most cost effective manor and time frame.
The Ronto Group
4185 Horseshoe Drive South
Naples, FL 34104
Mark Taylor 580-8837 Fax: 649-8870
mtaylor733@comcast.net
Bonita Beach Road 2009 - Four-Ianing two miles. Clearing, embankment,
drainage. relocating utilities, curbs, guard rails, paving, traffic signals. Project
amount was $6,196,704. Project did meet the budget and was completed on
schedule.
City Gate Development
6021 Trophy Drive
Naples, FL 34110
Ron Rice 598-5270
rrice 1 O@comcast.net
Fax: 598-5271
City Gate Commerce Center PH 2 2010 - full site development of an industrial
park in Collier County. Work included roadways and turn lanes. Project amount
was $3,505,798. Project did meet the budget and was completed on schedule.
~t[
1990 Seward Avenue. Naples" PL.. .$4109. pb (239) 597.6221 . b. (239) 597.7416
2342~ Janice Avenue.. Port Charlotte.. PL.. 33980.. pb (941~ 235.6060 . fx (941) 766.6166
"0,10. C Packet Page -406"BC'."'.'
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, :J
BONNESS INC.
3/22/2011 Item 9.A.
Pa"lnll and Sltewor" Contraetors
www.Bonnesslnc.com
City of Punta Gorda
326 W Marion Avenue
Punta Gorda, FL
Steve Padgett (941 )575-5050 Fax: (941 )575-5044
spadgett@ci.punta-gorda.f1.us
West Retta Esplanade 2010 Connected US41N to US41S. Project included
paving, underground utilities, concrete sidewalks, pavers. Project amount was
$356,355. Budget was met and we came in on schedule.
Habitat for Humanity of Collier County
11550 E Tamiami Trail
Naples, FL 34113
Nick Kouloheras
(239) 775-0036
nkou loheras@hfhcollier.com
. Regal Acres 2009-2010 Residential sitework project. Included underground
utilities, lake excavation, roadways and concrete work.
Project amount $2,705,747. Budget was met and we came in on schedule.
City of Bonita Springs
9101 Bonita Beach Road
Bonita Springs, FL 34135
Dave Liccardi (239)949-6244 Fax: (239)949-6245
david .Iiccardi@cityofbonitasprings.org
Annual Operation and Maintenance Agreement 2008-2010 Various projects
which included West Terry swale restoration and shoulder modifications, West
Terry Sidewalk Repairs and Mitered Ends, McKenna Ave Improvements.
Budgets and schedules were met for each project.
.
i(;b
1990 Seward Avenue. Naples. PL. 34109. ph (239) 597.8221 . Ix (239) 597.7416
23423 Janice Avenue. Port Charlotte. fL. 33980. ph (941) 235.6060 . b: (941) 766.6166
f'o,'d. C Packet Page -407-0BCO.S".'
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Packet Page -408-
3/22/2011 Item 9.A.
't
,
Tab I
Cover Letter/Management Summary
Packet Page -409-
3/22/2011 Item 9.A.
3/22/2011 Item 9.A.
6017 Pine RidS" Road, Suite #329 - Naples. FL 34119
Office (239) 262-7320 Fax (239) 354-4456
hocnncrP-te(iilearthllnk np.t
State of Florida General Contractor License # RG 291103768
December 17th, 2010
Collier County Board of County Commissioners:
I am writing this letter with the utmost interest in being selected as a vendor for the
"Asphalt Roadway, Concrete, Curb. Sidewalk and Driveway Installations. project.
My firm, BQ Concrete, has many years of experience and a long standing working
relationship with Collier County. This experience and relationship have provided to
be beneficial to my firm, along with providing many skills to be qualified to perform
this project for Collier County. We believe in providing quality workmanship in an
economical and time efficient manor. which has been evident over the years.
BQ Concrete has been established and working in Collier County for over 30 years.
We have developed an outstanding, lifelong respect and relationship with our
community, the state of Florida, and multiple Collier County departments, as you
will see from the provided references. Our quality and commitment to our
customers has stood the test of time and the economic hardship our county has
faced. No job has been too small, or too large, for my firm and that is why we have
continued to be a successful company in our community. From homeowners'
sidewalks and concrete slabs to parking garages and hotels, BQ Concrete provides
quality, economical services and products.
BQ Concrete has successfully completed many projects for Collier County. We have
done work for facilities management, wastewater, water distribution, parks and
recreation, sheriffs department, and road and bridge. We have performed work
that includes, but is not limited to; sidewalks, driveways, curbs, and asphalt.
Currently we are working on a project for the department of road and bridge that
includes removal, repair, and replacement of asphalt, curbs, and sidewalks. Most of
our work is done solely by BQ Concrete. However, we do work with other
2
Packet Page -410-
3/22/2011 Item 9.A.
companies on this, and other projects. Tincher Concrete and B & W asphalt are two
that we have developed a strong working relationship with. These two companies
will be participating on our team for this project, should we be awarded it As you
will see, we have many years of experience and have built many long-standing
relationships that will be evident if selected for this project
Sincerely,
Buddy Quarles
Owner
BQ Concrete
3
Packet Page -411-
3/22/2011 Item 9.A.
Tab II
Proposer's Credentials, Previous Performance and Project
Understanding
4
Packet Page -412-
3/22/2011 Item 9.A.
6017 Pine Ridge Road. Suite #329 - Naples. FL 34119
Office (239) 262-7320 Fox (239) 3S.-44SS
hn('f1nrrpfpl1ilp.~rthlink net
State of Florida General Contractor License # RG 291103768
December 17111, 2010
Collier County Board of County Commissioners:
I am writing this letter with the utmost interest in being selected as a vendor for the
. Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations" project.
My finn, BQ Concrete, has many years of experience and a long standing working
relationship with Collier County. This experience and relationship have provided to
be beneficial to my firm, along with providing many skills to be qualified to perform
this project for Collier County. We believe in providing quality workmanship in an
economical and time efficient manor, which has been evident over the years.
BQ Concrete has been established and working in Collier County for over 30 years.
We have developed an outstanding, lifelong respect and relationship with our
community, the state of Florida, and multiple Collier County departments, as you
will see from the provided references. Our quality and commitment to our
customers has stood the test of time and the economic hardship our county has
faced. No job has been too small, or too large, for my firm and that is why we have
continued to be a successful company in our community. From homeowners'
sidewalks and concrete slabs to parking garages and hotels, BQ Concrete provides
quality, economical services and products.
BQ Concrete has successfully completed many projects for Collier County. We have
done work for fatilities management, wastewater, water distribution, parks and
recreation, sheriffs department, and road and bridge. We have performed work
that includes, but is not limited to; sidewalks, driveways. curbs, and asphalt.
Currently we are working on a project for the department of road and bridge that
includes removal, repair, and replacement of asphalt, curbs, and sidewalks. Most of
our work is done solely by BQ Concrete. However, we do work with other
5
Packet Page -413-
3/22/2011 Item 9.A.
companies on this, and other projects. As you will see, we have many years of
experience and have built many long-standing relationships that will be evident if
selected for this project.
Sincerely,
Buddy Quarles
Owner
BQ Concrete
6
Packet Page -414-
3/22/2011 Item 9.A.
6017 Pine Ridge Road, Suite #329 - Naples, FL 34119
Off"", (239) 262-7320 Fax (239) 354.4458
baconcrf'tp~parthlink net
State of Florida General Contractor Urense # RG 291103768
In BQ Concrete's, many years of operation, we have obtained multiple
credentials that will enable us to perform all of the services requested for Roadway
Contracting Services. I, Buddy Quarles, currently hold and maintain a state of
Florida General Contractor's license (RG 291103768). I also hold and maintain
Collier County contractor's licenses in General Contracting (32409), Concrete
Forming and Placing (32247), and Fence Contracting (32248). In addition, I have
been trained and certified by Manatee County Safety Council in Maintenance of
Traffic. With these credentials, I have been providing quality and valuable services
through my company.
I started BQ Concrete about 20 years ago. Personally, I have been working
with concrete and construction for almost 30 years. I began working with concrete
with my father's company, here in Naples, back in the 80's. With the skills and
knowledge I obtained from working with him and his company, I have successfully
begu n and maintained a company of my own.
BQ Concrete has successfully completed numerous projects in Collier County.
We currently have multiple contracts with Collier County providing similar projects
as described in this proposal. These projects include concrete driveways. sidewalks,
ADA mats, various types of curbs, slabs, patios, pool decks, concrete coatings, tie
beams, installation of re-bar, roadways, a/ c pads, building pads, car stops, footers,
block walls, columns, asphalt driveways and parking areas, various pavers.
stripping, bollards, stucco. and foundations. We are fully equipped and able to
supply, deliver, remove, excavate, repair, replace, install, finish, and any other task
to complete the requirements of this solicitation.
BQ Concrete has and continues to work with Water Distribution. We have
provided services, both emergency and non-emergency, of water breaks in
roadways.
Projects:
. Imperial Golf Estates (asphalt road repair)
. Foxfire (asphalt road repair, concrete curb removal/installation)
. Longshore Lakes (asphalt road repair, concrete driveway
removal/installation)
. Vineyards (concrete curb removal/installation)
. Glades (asphalt road repair, concrete driveway removal/installation)
. 951 (asphalt road repair, set up of MOT)
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Packet Page -415-
3/22/2011 Item 9.A.
. Victoria Park (asphalt road repair. concrete driveway removal/installation)
. Pelican Bay (asphalt road repair, concrete driveway and curb
removal/installation, set up of MOT)
BQ Concrete has and continues to work with Waste Water. We have completed
projects for this department for the past five years.
Projects:
.
Longshore Way (asphalt road repair, concrete sidewalk and driveway
removal/installation)
Briarcliff (replace pavers. asphalt road repair)
. Traynor Ct (asphalt road repair. concrete driveway removal/installation)
. Wildflower Way lift station (asphalt road/driveway repair)
. Thomasson Lane lift station (asphalt road/driveway repair)
Foxfire lift station (asphalt road/driveway repair)
951 lift station (asphalt road/driveway repair, concrete pump pad slabs
installation)
Glen Eagle lift station (asphalt road/driveway repair)
Radio Rd lift station (asphalt road/driveway repair)
Willoughby Acres lift station (asphalt road/driveway repair. concrete slab
removal/installation)
Palm River (concrete driveway removal/installation)
.
.
.
.
.
.
.
BQ Concrete has and continues to work with Facilities Management. We have
had a contract with this department for over eight years.
Projects:
. CC Government campus parking lot (asphalt removal/replacement, set up of
MOT)
. CAT Transit parking (asphalt removal/replacement. set up of MOT)
. Marco Island library (concrete culvert removal/installation, asphalt
driveway installation)
. University Extension parking lot (asphalt removal/replacement)
BQ Concrete has and continues to work with Road and Bridge. We have had a
contract with this department for the past three years.
Projects:
. Vanderbilt Beach Ext (concrete curb and sidewalk removal/installation, ADA
mat installation, set up of MOT)
. Berkshire Lakes (concrete curb and sidewalk removal/installation. ADA mat
installation, set up of MOT)
. Airport Pulling Rd - Nand S bound from 41 to Immokalee Rd (asphalt road
repair, concrete curb/sidewalk & driveway removal/installation, ADA mat
installation, set up of MOT)
. Radio Rd (concrete curb and sidewalk removal/installation, set up of MOT)
8
Packet Page -416-
3/22/2011 Item 9.A.
.
Beachwood Lake Dr (concrete sidewalk removal/installation, ADA mat
installation)
Donna St & Gail St (concrete wall and swell removal/installation in right of
way, set up of MOT)
Lakewood Blvd (asphalt road repair, concrete curb and sidewalk
removal/installation)
Golden Gate Parkway - E and W bound from 951 to Santa Barbara Blvd
(asphalt road repair. concrete curb/valley gutter & sidewalk
removal/installation, ADA mat installation, set up of MOT)
Estey Ave (concrete curb and sidewalk removal/installation, set up of MOT)
Golden Gate Parkway - Airport Pulling Rd to Goodlette Frank (asphalt road
repair beside all of catch basins, set up of MOT)
Goodlette Frank Rd (concrete sidewalk removal/installation, set up of MOT)
Livingston Rd (concrete sidewalk removal/installation, set up of MOT)
Pine Ridge Rd and Airport Pulling Rd (concrete curb and sidewalk
removal/installation, ADA mat installation, set up of MOT)
Orange Blossom and Airport Pulling Rd (concrete curb and sidewalk
removal/installation, ADA mat installation, set up of MOT)
lmmokalee - Lake Trafford Rd (asphalt road repair, concrete sidewalk
removal/installation, set up of MOT)
951 (concrete curb and sidewalk removal/installation, set up of MOT)
Lely Resort Blvd (concrete curb and sidewalk removal/installation, set up of
MOT)
.
.
.
.
.
.
.
.
.
.
.
.
BQ Concrete is a qualified company to supply, deliver, create, and install asphalt,
concrete, cement paving, and other related materials to various locations within
Collier County. We have vast knowledge and experience in roadway projects that
will prove to be a necessity for this project. We understand and agree to abide by all
of the RFP specifications, provisions, terms and conditions of the requested services.
When our subcontractors are utilized in various areas of this project, they too
have an understanding of the services requested. They will also abide by all of the
RFP terms and conditions while working for BQ Concrete on this project We will
ensure this by having a supervisor on site at all times. Please see the following
letters of intent from our subcontractors.
9
Packet Page -417-
3/22/2011 Item 9.A.
~
Concrete Construction, Inc.
December 16.2010
To Whom It May Concern:
This letter will confinn Tincher Concrete ConstrUCtion. Inc. will be peRorming conm::te
work as a sulKontractor for BQ Concrete & Masonry on Collier COWlty roads and
bridges. This WOTK will involve curb replacement in various areas oftbe: COlD'lty.
Attached is biographical information of our company. which has been operating in the
Southwest Florida area for over 30 years.
Our Slate of Florida license number is QB28340 and our Collier County Business
License number is 11281 .
If we can provide any further information regarding our company or the above mentioned
work, please do not hesitate to contact us.
Sincerely,
YJ!49<t ~ 'taL
Peggy E. Poole
Administrative Manager
and EEO Officer
10
Packet Page -418-
3/22/2011 Item 9.A.
III
PAVING l:DNTRAcroRS
OF SOllTBWEST FWBIDA. INl:.
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5677 Haron Lane, Unit 107 . N.p1... Florida 34110
Phone 239-&Q..2807
I
11
Packet Page -419-
Tab III
Cost of Services to the County
Packet Page -420-
3/22/2011 Item 9.A.
12
3/22/2011 Item 9.A.
6017 Pine Ridge Road, Suite #329 - Naples, FL 34119
omce (239) 262.7320 Fax (239) 354-4458
ho('oncTPtelt>>p'.ilnhlink net
State of Florida General Contractor License # RG 291103768
Cost per hour per employee for regular business hours Monday through Friday,
8:00am to 5:00pm
Foreman/Supervisor $40.00 per hour
Skilled Worker $28.00 oer hour
General Labor $18.00 per hour
Percentage of mark-up over actual cost for materials and parts as per example:
_20 %
Example: Parts invoice total $1,200 + 35% markup =
$1,620 actual price for materials and parts
Cost per hour per employee for
Overtime and Weekend Hours
Foreman/Supervisor $60.00 per hour
Skilled Worker $42.00 per hour
General Labor $27.00
Foreman's per hour rate ($40) + 2 general laborer's rate ($36) + ($1,000 [cost of
parts) + 20% mark-up) = $1.276.00 bid fOT purpose of evaluation
13
Packet Page -421-
Tab IV
Staff/Subcontractors Credentials
Packet Page -422-
3/22/2011 Item 9.A.
14
3/22/2011 Item 9.A.
6017 Pine Ridge Road, Suite #329 - Naples. FL 34119
Office (239) 262.7320
Fax (239) 354-4'58
bacon<TptplQ)parthlink m~t
State of Florida General Contractor License # RG 291103768
BQ Concrete is owned and operated by myself, Buddy Quarles. I am on the
job site daily to oversee and communicate with my team. I also am involved with
the hands on, manual labor as well. I have constant daily communication with my
supervisors. They carry out my direction at each job site. I oversee and make
adjustments on the job site. should I deem it necessary to provide a high quality
finished project My many years of experience, has provided me with the knowledge
and skills to be very meticulous in every detail of our finished product
My Construction Supervisors, manage each job site and get the job done as
planned. They order materials, communicate with customer on project status,
direct skilled workers and laborers on tasks needed to be accomplished, direct and
assist with set up of proper MOT, along with getting involved with the manual labor
themselves. They coordinate daily schedules of the contract team skilled workers
and laborers to provide the most efficient work possible. The Supervisors also
communicate with the subcontractors regarding daily scheduling and assignments
that result in a finished project For example, BQ Concrete utilizes Tincher Concrete
as a subcontractor for concrete paving. My Supervisors direct subcontractors which
area of the project site will be worked on and completed daily. B & W Asphalt is a
subcontractor that we utilize for asphalt needs. They are also in daily
communication with my supervisors to know where they need to be and what needs
to be done for the project at hand. A Supervisor is always on site at each project
location to ensure proper execution of plan.
The skilled workers and general laborers take direction from my supervisors
and myself. They perform the manual labor, from start to finish. They prepare the
site. set up proper MOT, repair and/or replace, and do a final clean up. They have
open and continuous communication with the construction supervisor to infono
him of project status.
In approaching this and any of our projects, the customer's satisfaction is of
out greatest importance. I personally meet with the customer to gather site
information. We then are able to create a plan of approach. We set safety standards,
set up a time table, order supplies, figure man hours needed, and project completion
date of project. My supervisors are then instructed of and familiarize themselves
with this plan. Thus able to communicate and direct skilled workers and manual
laborers.
BQ Concrete is available 24 hours a day. Should an emergency arise, we have
a plan in place, to remedy such a situation. I receive the call, as all of my customers
15
Packet Page -423-
3/22/2011 Item 9.A.
are provided with my 24-hour contact number. I then evaluate the situation, make
sure that the site is safe to the public as well as my team, gather my team to my
shop, gather necessary materials/equipment, perform emergency
repairs/replacements as necessary, and notify customer of status. We then develop
a plan, as needed, to permanently remedy the emergency.
16
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3/22/2011 Item 9.A.
Buddy Quarles
(Owner/President)
6017 Pine Ridge Road, Suite #329
Naples, FL 34119
Phone: (239) 262-7320
Fax: (239) 354-4458
bQ co n cretetwea rthl i n k.n et
Buddy Quarles, has been working with concrete and construction for over 30
years. Before he graduated high school, he began with working with his father for
his concrete company, which began in the 1950s. Buddy acquired the basic skills of
concrete and construction and has perfected them over the years. He has worked at
many different levels and with numerous organizations to become a very successful
vendor of concrete and construction.
Buddy began his own company, BQ Concrete, in the early 90s. He began his
company by doing homeowner's patios, and walkways. He did the work himself
with one other employee. He then began to grow, allowing him to hire more
manpower and purchase tools/equipment to perform larger sized and an increased
quantity of projects. He did this, while never losing the quality customer service and
product.
Buddy has acquired his state and county General Contracting license. He also
holds and maintains his licenses in concrete forming and placing and fence
contracting. He has received his certification for MOT, which is an asset for
numerous projects. He continues to keep his education of safety up to current
standards.
He now has much experience under his belt from completing projects at the
private, county, and state level. He has continued to work with the private
homeowner in providing pool patios, asphalt/concrete driveways, and sidewalks.
He has worked on numerous projects for Collier County such as, roadways, various
curbs, driveways, parking lots, and walls. At the state level, he has completed
projects such as curbs, walls, culverts, and roadways. He has performed projects in
reference to asset management contract between Collier County Government and
Florida Department of Transportation. BQ Concrete has developed quality and long
standing relationships with customers at all levels.
Professional References:
. Alex Blanco (252-8924), Collier County Road & Bridge, Inspector
. John Clements (252-8380), Collier County Project Manager/Building
Inspector
. Ron Holder (580-9121), Collier County Parks & Rec, Sr Field Supervisor
. Anne Simpson (252-8380), Collier County Facilities Management, Contact
Compliance
. Vickie Wilson (252-4180), Collier County Parks & Rec, GG Community Ctr.
Supervisor
17
Packet Page -425-
3/22/2011 Item 9.A.
Billy S. Summers II
(Construction Supervisor)
38131st St SW
Naples, FL 34117
(239) 289-0230
billvsummersll (iil comcast.net
After his high school graduation, he was on his way to boot camp in the United
States Marine Corps where he remained for 4 years. In the USMC he was a military
police officer, he held a secrete clearance with the U.S. government and his duties
were and are classified. While in the USMC he was awarded several medals, three
expert rifles. three marksman pistol and the good conduct medal.
After leaving the USMC in 1984 he did landscaping for one year working on such
projects as city parks and roadways. In 1985 he moved to Naples Florida and began
his career in concrete construction with a company called Millers. This began in
1985 and he stayed with this company and worked his way from being a labor to
being the supervisor of such projects as house slabs. tie beams, sidewalks,
driveways, curbing. He remained with this company until the owner retired in 1991
and sold the business.
He then went on to become the supervisor of construction and customer care for
Divosta homes. There he was in charge of such projects as site development all the
way through the complete construction of entire communities until closing of the
homes by their customers. He interacted with the owners of the homes that were
being built in these communities and held meetings with them and his staff to
ensure that everything was being done correctly and in the time frame allowed. He
was also trained in many OSHA safety courses, such as first aid. CPR, Forklift. Heavy
equipment operations and their safety. In 2003 Divosta homes was bought out by
another company and all its' employees let go.
He then went to work for a very big custom homebuilder from Marco Island.
Enterprise Construction. There, he was the Construction and Purchasing manager
on all their custom homes and projects. Ranging from the site development, slab
work through complete construction of the custom homes. He held weekly meeting
with his staff and his sub-contractors to ensure quality was not being compromised
in any way or form.
He left the company in 2005 when they shut their doors and in began his work
with BQ Concrete. He started out as a finisher and worked his way up to
construction manager. He has worked on projects for the County of Collier and the
State of Florida. He has over seen projects and worked himself on Weirs, Damns,
Sidewalk removal and repair, Fencing. Asphalt, Collier County Jail. the Collier County
Health Dept. In our court house he was in charge of removing all the doors and
shaving them down so that they worked properly with the new carpet. He runs
heavy equipment and is in charge ofthe everyday construction projects. He sets up
meeting with potential Sub - Contractors, vendors for equipment, and attends most
of the County meetings concerning the work that we have been doing. He has
obtained his Certification in MOT from Manatee County Safety Council.
18
Packet Page -426-
3/22/2011 Item 9.A.
Ricky Patterson
(Construction Supervisor)
658 Palm Lake Drive
Naples, FL
(239) 682-3226
Ricky Patterson has been working in construction and concrete for over 30
years. He has worked with the Quarles family's concrete businesses learning and
perfecting his skills in concrete. He has worked with Buddy Quarles' father and
brothers who both provided concrete services to Collier County. He has perfected
his skills and become an asset to BQ Concrete as a master concrete finisher.
Ricky has assisted in projects at the private, county, and state level. He has
assisted BQ Concrete complete projects such as roadways, various curbs, pads,
sidewalks, footers, walls, concrete coatings, tie beams, pool decks, patios, driveways,
slabs, parking spaces, and stucco. Over the years, he has developed and attained a
leadership role in BQ Concrete.
Ricky has gained the responsibility of running and supervising his own crew.
He assists with and oversees various projects within BQ Concrete. While running
machinery and performing the manual labor, he also oversees his crew's project to
make sure it is going according to plan. Ricky has the experience and skill to
supervise projects from start to finish. BQ Concrete has placed him in this
leadership role due to his vast knowledge, experience, and skill of concrete.
Professional References:
. Darryl Quarles (931-284-8663), Quarles Concrete, Owner
. Jerry Quarles (606-669-3444) Cookeville Concrete, Owner
19
Packet Page -427-
3/22/2011 Item 9.A.
Tab V
Corporate Experience and Capacity Current Workload
20
Packet Page -428-
6017 Pine Ridge Road, Suite #329 - Naples, Fl34119
O1Iice (239) 262.7320
Fax (239) 354-4458
hqronrrPtf'(alf!arthlink npl
State ofF1orida General Contractor License # RG 291103768
3/22/2011 Item 9.A.
BQ Concrete has become a company that handles and successfully completes
multiple projects simultaneously. If awarded this project. we will continue to work
on and complete Collier County projects, as we are doing currently. The contract
that we are currently working on with Collier County, has multiple projects that we
are completing daily. We are working in different areas and locations, such as,
Golden Gate Boulevard and the Vineyards,
We are equipped with adequate equipment and manpower to execute and
complete multiple projects. We perform and complete most projects in house
without the use of subcontractors. We are able now, as we will continue to be able.
to take on more projects should BQ Concrete be awarded this contract.
BQ Concrete has been a successful, longstanding business for over 20 years.
We are able to meet our deadlines. stay within budget. perform multiple projects
daily, hire and retain qualified employees. purchase equipment and materials as
needed. and utilize local subcontractors. This is all a result of providing quality
services in the community. It has allowed us to flourish with professional
relationships, as well as financially.
One of these professional relationships developed is with Tincher Concrete.
They have been providing concrete paving for over 30 years. Tincher is
subcontracted by BQ Concrete to install various curbs as needed. They have the
capacity to help many commercial contractors. Tincher provides a quality service
that we have the utmost confidence in.
Another one of our subcontractors is B & W Asphalt We have developed a
relationship with this company to install asphalt on multiple projects, such as
asphalt roadways. They have been a business partner with Collier and Lee counties
for over 20 years. They have become and will remain an important part of BQ
Concrete's subcontractor team.
As we keep perform most of our projects ourselves, we have had nothing but
success with working with our subcontractors. Tincher concrete installed curbs for
BQ Concrete at Pelican Bay. We removed the existing curbs, and they installed the
new ones. They were prompt and worked diligently daily to complete the project.
Our employees worked closely with their employees and successfully completed
this project by working effectively together.
Currently we are using Tincher as a subcontractor to install concrete valley
gutters along Golden Gate Parkway. We are removing the existing concrete curbs
Packet Page -429-
21
3/22/2011 Item 9.A.
and valley gutters. We then coordinate with Tincher, to immediately come behind
us and install new concrete.
B & W Asphalt worked with us at the CAT facility on Radio Road. We
removed all asphalt and lime rock from the existing parking lot at this facility. They
supplied and installed new asphalt They also re-stripped all of the parking spaces.
We then installed new car stops. We coordinated with B & W to remove and
replace half of the parking lot at a time, due to the incoming CAT buses. They were
cooperative and we completed this project successfully.
22
Packet Page -430-
3/22/2011 Item 9.A.
Project Start End Original Final Number
Description Date Date Budget Project Change
Cost Orders
GG Parkway 11/2/10 1/5/10 $300,00.00 $300,00.00 0
valley gutter
and curb
removal and
replacement (CC
Road & Bridee 1
Install bollards 11/29/10 1/20/10 $14,400.00 $14,400.00 0
w Ifooter around
fire hydrants
(CC Facilities
Mana2ement)
Remove & 11/28/10 1/31/10 $75,000.00 $70,000.00 0
Replace
concrete
sidewalks at the
Vineyards (CC
Road & Bride:e)
Designated 9/27/10 3/3110 $41,200.00 $41,200.00 0
Driveways (CC
Waste
Mana2ement)
Install concrete 12/17/10 2124110 $36,882.00 $36,882.00 0
wall & fence at
Shirley Street
Waste Water
Collection (CC
Waste Water)
Repair pavers at 12/11/10 118/10 $1,200.00 $1,200.00 0
health dept (CC
Facilities
Manaeement)
Install concrete 10/20/10 2111/10 $28.000.00 $28,000.00 0
pump pads at
chiller plant (CC
Facilities
Mana2ement)
Install concrete 12/17/10 12/30/10 $5,500.00 $5,500.00 0
sidewalk at
951/Vanderbilt
(CC Road &
Bride:el
23
Packet Page -431-
Tab VI
Customer and Reference Listing
Packet Page -432-
3/22/2011 Item 9.A.
24
3/22/2011 Item 9.A.
John Clements
Project Manager/Building Inspector
Administrative Services/Facilities Management
3335 Tamiami Trail E
Naples, FL 34112
Capital Construction
(239) 252-8380
I ohn CI ements@lcolliergov.net
=> Energy chiller plant CEP project (concrete and structural work), estimated
budget $250,000.00 (we will be under budget), began in January 2010 until
January 2012 (we will meet the schedule outline)
=> Concrete ramp for judge's parking lot and handicapped hand rail, estimated
budget $55,000.00 (we met budget), November 2009 to December 2009 (we
met scheduled outline)
=> Sidewalk, asphalt, and hand repair installation around CC Government
campus' lake, estimated budget $105,000.00 (we were under budget), March
2008 to June 2008 (we met the scheduled outline)
Ann Simpson
Contract Compliance
Facilities Management
3335 Tamiami Trail E, Bldg W
Naples, FL 34112
(239)252-8380
AnnSim pson(iilcolliergov.net
=> University extension office asphalt parking lot (removal and replacement of
asphalt). estimated budget $3,200.00 (we met budget), June 1st 2010 to June
11th 2010 (we met scheduled outline)
=> Orange Blossom library (removal of pavers and install handicap accessible
sidewalk), estimated budget $9,800.00 (we met budget), July 1st 2010 to July
July 9th 2010 (we met scheduled outline)
Kurt Jokela
Facilities Management
3335 Tamiami Trail E, Bldg W
Naples, FL 34112
(239) 253-8380
Ku rtlokela (iilcollienwv.net
=> CAT Transit parking (removal and replacement of asphalt), estimated budget
$2,625.00 (we met budget), January 15dl 2010 to January 20th 2010 (we met
scheduled outline)
25
Packet Page -433-
3/22/2011 Item 9.A.
=> Marco Island sidewalks (removal and replacement of concrete sidewalks),
estimated budget $11.582.80 (we met budget), February 2010 to March
2010 (we met scheduled outline)
=> CC Government parking lot across from jail (removal and replacement of
asphalt), estimated budget $4,221.90 (we met budget). September 15th 2010
to September 27th 2010 (we met scheduled outline)
Collier County EMS (Med Flight)
8075 Lely Cultural Parkway, Suite #267
(239)252-3740
=> Naples airport med flight hanger (install concrete helicopter landing pad).
estimated budget $7,700.00 (we met budget), January 5th 2009 to January 9th
2009 (we met scheduled outline)
Vickie Ahmad
Project Manager
Collier County Parks & Recreation Department
15000 Livingston Road
Naples. Florida 34109
(239)252-4047
Vicky Ahmad (l'ilcollierli!ov .net
=> Tigertail Beach sidewalk (install concrete sidewalk with handicap ramp),
estimated budget $4,250.00 (we met budget). February 14th 2010 to March
14th 2010 (we met scheduled outline)
Ron Holder
Sr. Field Supervisor
Collier County Parks & Recreation
Beach & Water Section
15000 Livingston Rd.
Naples, Florida 34109
(239)580-9121
RonHolder(l'ilcollieri!ov.net
=> Tigertail Beach parking lot (re-shell parking lot), estimated budget
$25,000.00 (we met budget), November 2009 to December 2009 (we met
scheduled outline)
26
Packet Page -434-
3/22/2011 Item 9.A.
=> Barefoot Beach parking lot (re-shell parking lot), estimated budget
$24,000.00 (we met budget), December 2009 to January 2010 (we met
scheduled outline)
=> Vanderbilt Beach entrance (install brick pavers), estimated budget $1,394.00
(we met budget), March 20th 2010 to March 29th 2010 (we met scheduled
outline)
Alex Blanco
Collier County
Road & Bridge Maintenance
4800 Davis Blvd.
Naples, Florida 34101
(239) 252-8925
AlexanderBlanco(i.ilcolliereov. n et
=> Devonshire Boulevard (remove and replace concrete cubing and sidewalk).
estimated budget $22,076.00 (we met budget). January 2nd 2010 to January
15th 2010 (we met scheduled outline)
=> Vanderbilt Beach Extension (remove and replace concrete sidewalk),
estimated budget $41,432.00 (we met budget), December 23rd 2009 to
January 14th 2010 (we met scheduled outline)
=> Pine Ridge Weir-emergency repair (install concrete footers w fpump),
estimated budget $85,875.57 (we met budget), April 22nd 2010 to May 13th
2010 (we met scheduled outline)
=> Storage building (install tie beam), estimated budget $45,200.00 (we met
budget), April 2nd 2010 to April 28th 2010 (we met scheduled outline)
=> Golden Gate Parkway road repair (asphalt, concrete catch basins and MOT),
estimated budget $33,963.00 (we met budget), March 2010 to April 2010
(we met scheduled outline)
=> Airport Pulling Road end wall (replace concrete end wall), estimated budget
$14,800.00 (we met budget), April 2nd 2010 to April 28th 2010 (we met
scheduled outline)
27
Packet Page -435-
3/22/2011 Item 9.A.
Tab VII
Acceptance of Conditions
28
Packet Page -436-
3/22/2011 Item 9.A.
6017 Pine Ridge Road. Suite #329 - Naples. fL 34119
OffICe (239) 262.7320
Fox (239) 35+-4458
bnronr:rf'te@>earthlink n~t
State ofFlotida General Contractor License 1# RG 291103768
BQ Concrete indicates no exceptions to any of the terms, conditions, and
requirements to this RFP.
29
Packet Page -437-
3/22/2011 Item 9.A.
Tab VIII
Required Form Submittals
30
Packet Page -438-
3/22/2011 Item 9.A.
j-~ '; ~'"" r,,:!'
Qualifier Certification Information
CDPR2307 - Qualifier Certification Information
Collier Cour.ty Board oC County Commissioner~
CD-Pl~s for Wind~wg
Printed on B/30/201 lO:lZ:30AM
CERT NERo
32409
QUALIFIER NOR:
30na
BUODY QUARLES
CL.~SS CaCE: 1000
GENER1.L CONTR.-REGISTERED
STA.TE NBR:
RG 291103"168
COUNTY COMP CARD:
STATE EXP
B/31/2011
LIAS RXP
4/9/2011
EQ CONCRETE. LLC.
we EXP
1/1/2011
ORICJ ISSD
2/15/2006
RENEWAL
EXPIRES
9/30/2011
USA:
we EXEMPT: N
EXEMPT I::Xf' DATE:
OL EXEMPT: N
ADDRESS: 48 WICKLIFF! DR.
CITY:
NAPI..ES
FT.
341:"0-
PRONE:
(239) 262-7320
FAX:
(:239) 594-5351
NOTE, It is the qualifi~r's responsibility to keep all business, li~ensing and requirements
current and to provide up to date copies for Collier CQunty files. This includes all insurance
certificates and any change of address information.
31
Packet Page -439-
3/22/2011 Item 9.A.
Qualifier Certification Information
CDPR2307 - Qualifier Cer~ifica~ion Information
Coil ier rounty Board of County Commissioners
CD-Plus for Wir.doW5
Printed on 6/30/201 lO:16:54AM
CERT NBR:
12241
QUALIFIER l<lBR:
30n8
BUDD'i QUARLES
STATE NBR:
CONCRETE roRMING AND PLACING
COUNT\' COMP CARD:
CLASS CODE: 4060
STATE EXP
I..IAB EXP
we EXP l.l ~~,~~~c
U~~\~\ we EX_T' N
E:XEMPT EX?
RENEWAL
EXPIRES
9/30/201.1
OL EXEJIlPT: N
DBA.:
8Q CO~CRETE. LLC.
48 WICKLIFFE DR.
DATE:
ADDRESS:
CITY:
NAPLES
FL
3010-
PHONE;
(239)262 7:320
FAA:
(~39l59.-53S1
NOTE: It i:5 the qualifier' 9 responsibility to keep all business, licensing and requirements
current and to provide up to date copIes for Collier County [ilee. This includes all insurance
ccrtitic~tea and ~ny change of address information.
C.::~l~"~ o;;ounty I Ci"y "r Mincol City {]f
l<l"pl"g
Contr<l"tor Li"en'lli~
CCNCRE'l't FORMING ANO I'LlIC1NG
CeLt Nta:32z.t7 EXP'i'/~'~m"'''OOfltt
St<lteNbI:; ~
BOc.:ltOCRE: ,
'UOOY
4t1 WH,:K 1
NAP1,.E:S
1"1. '\4110-
Sign>;>
32
Packet Page -440-
3/22/2011 Item 9.A.
eSTATE OF FLORIDA
DBPARTIIBIlT OF BUSINESS AND PROnSSIONAL UGDLATIOIrJ
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395
. . 1940 NOR"1"II IIOHROII STRIIET
TALLAHABSEB FL 32399-0783
QUAIlLII!!LBUDDY
so CONCRKTIl LLC
48 WICltLIP'PZ DRIVE
NAPLBS
FL 34110
.. SfATEDFFI.CJI:IIDA N:.I ".....It..'"
DKPAIt'l'Ma'T or BUBDfJI88 ...
P1tOJ'KSSIOI1'AL R8l:iKJLa'l'2mr
RQQ91103',. 07/22/0' D90001931
Cortgl"8lul&tion Will this. license you become OM tJI the n.arty one miNion
Floridians Iioen&ed by the Department of Bosresa and ProIessionat ReguWion.
Our protessionalll and buslnesae. renge from 8f'Ch1t8c:t:e; \0 yacht broket8, from
OOKen> to bartleQue l'8St8U'antB. and they keep Aarida's economy strong.
Every day we wort to improve the way.-.;t do busine8$ in order to se.-ve you better.
For AlfonnBliOn about our Ul'Vices, please tog onto ....rIIYftoridIdIcllnse.com.
There you can find more informatlooabout 01.6 divisions ana the reguIEons that
impact you. iWsr;:ribe to ctepartmErnt newsletters and leam I"f'Iln abol.d the
Department's initiatives.
Our mission at the Department is: License Efficientty, Regulate Fairt)'. We
constantty strive to gel'Vit you better so 1hel: you can SllIVe your customers,
Thank you for doing businl!lSS In FIoridlI, end congnrtulations on your new Iioonse!
ltBGISTaRED GBItJDAL cotI'rRAC'1'OR
QUULIII:S. BODDY
BQ COJI'CRftB LLC
(INDlvmtIAL 1lUS'1' DKT ALL. LOc:AL
LICBlfBIJIlQ JtBQUJ:~s PRIOR
TO corrJtAC"1'Dt'G IR ART Amm)
lIAS IlBGfIB'l'BIlZD ......... tJ.. _.t..toM 01 01. fe:'
~ ..t.. AUQ 31. 2011 :r.0g07230.0"0
DETACH HERE
M:,# 4480644 STATE OF FLORIDA
DBPAR'l'MEN'I' OP BUSINIISS J\lID PROFIISSIONAL 1lEGOLATION
COHSTR.tJCTIOH INDUSTRY LICKNSnra BOARD SEQI I.O,072200800
LI.CENSB DR
07 22 2009 090001937 RG29l103768
The GENERAL CONTRACTOR
Nam.ed below HAS RJ:GISTKRBD
Under the provisions of! Chapter 489 lI'S.
Expiration date: AUG 3l~ 2011
(INDIVIDUAL MUST MEET ALL LOCAL LICENSING
REQOIRXMENTS PIUOIl TO COIITRACTING IN ANY AREA)
QUARLES. BUDDY
BO CONCRETE LLc
48 WICKLIFFB DRIVE
NAPLES lI'L 34110
CHARLIE CRIST
GOVERNOR
DISPLAY AS REQUIRED BY LAW
CHARLES W. DRAGO
SBCRETARY
33
Packet Page -441-
3/22/2011 Item 9.A.
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34
Packet Page -442-
3/22/2011 Item 9.A.
A_ment 1
Collier County Boerd of County Comm""onere
Pun:healng Depertment
Vendor CMck LI8t
IMPORTANT: THIS SHEET MUST BE: S1GNBl. PI_ _ eIl"""Uy, .ign in the._
Indlellted end Rllum wIIIl your "'-"" Vendor should check off each of the following ibtm. .. the
"""""""" action is completed:
lid'" The Proposal has been signed.
g/ All applicable fonns ha"" been signed and indudtld, along wlth icenses to complete the
requirements of the project.
5Y' Arry addenda ha"" been signed .nd indudod.
G)/ The mII~in9 envelope has been addressed to:
Collier County Board of County Commissioners
Purchasing Depor1mont, Building 'G'
3327 Tamiami Trail. East
Naples, Florida 34112
Attn: Brenda Brithart, Purchasing Agent
if The maUlng enyelope !!!J!!! be !!:!!@!!g and ~ with Proposal Number, Proposal Title and
Due Date.
~ The Proposal will be mcmed or deliventd in time to be received no kiter than the specified ~
and time. (Otherwise Proposal cannot be considel'ed.)
ALL COURIER-DEUVERED PROPOSALS MUST HAVE THE RFP NUMBER AND mLE ON THE
OUTSIDE OF THE COURIER PACKET,
nO CcJ<\( M*:
I
(110\ 1 V;f\i 'R\~~~(fid) .').IiJe i\-1~Cf
)jo.~w, n 3'111~
I
(;Bq') alod - B dO
hm:, @ PMt\.J,,,,'(. M-t
~1I CjJac/.eS
I
Name of Firm:
Address:
City, State, Zip:
Tetephone:
Email:
Representative Signature:
Representative Name:
Dot. Id}n}r,.,
I I
RFP 1()..61.5a
'"
35
Packet Page -443-
3/22/2011 Item 9.A.
A__3
Conftlct of 1_ AfIidevlt
By the slgnBlure below. the firm (enopl~_. _ andlor _nIB) certifies, ond hereby _, that,
to the _ of their knowledge end belief, all _lode concerning past, .......nt. or.......nly pIenned
i_ or oclMty (1inancieI, conIradueI. organizBtional. Of ud_....) which ..._ to the prnpooecl
wort<; _ bear on wheIher the firm (employees. _ and/or agen\lS) has a poIIIlible conftIcI have been
fully cisclosed.
Additionally, the firm (ompl-. _ and/or ogenlll) agrees to immedI8IeIy notify in writing the
Purchaoing/Goneral SenIIces Director, or ~""'" if 811)' 8C\ual 0< potentiol conftict riI in_ arises
during the centrad and/or project duration.
Firm: ~rw(l'\(>
SignotuI8 end DaI8: r
~ lfkld6
() dflPI
}~1aI1D
Prim Name
Tille of Signatory
State of
~flOrff~
Co it(
County riI
SUBSCRIBED AND ~N to _ me this
by M\,( re ,-,ock
. Dt)l\Pf
idontificali L L
~Dj-\\
1)f'~ 7_ 2d\?
,
." JUAIlOR"LNlA
.~ jtllUryl"Ub\lc'StltIoI~
f.l"" "om. "",m J"" 2,"
~ '".: CQnIIPiSsIon'D01940~
-~.':.' .'
RFP1Q..5450
'Z7
36
Packet Page -444-
3/22/2011 Item 9.A.
Attachment 3
Conflict of Interest Affidavit
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planneq
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers andlor agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and/or project duration.
Firm: ~(((7\e
Signature and Date: c:~ I~l',{)
Print Name ~
Title of Signatory () tl(lf'('
State of
Hrt
UJ I~(
County of
SUBSCRIBED AND SW~N to before me this
by MAII}-e UO fie,
O~)f\P(
L
~D~
day of ~mbec-
,2010,
Commission Expires
1; It: (9-
,
WI?
. "~""'1.v.-- JUAN ORELLANA
...tfo\ 'Notary PubliC ~ State of Florida
~ i":My Comm. hpires Jun 2. 2012
~ \'J... .~ commission # DD 794026
~. I'/~I~~~~"
RFP 1().5450
27
Packet Page -445-
3/22/2011 Item 9.A.
Attachment 4
Vendor Declaration Slalamenl
37
Packet Page -446-
3/22/2011 Item 9.A.
BOARD OF COUNTY COMMISSIONERS
Collier County G....rnment Complex
Neplea, Rende 34112
RE: RFP NO, 1~ - "Aephell R-" Concrete, Curb, _ _ D",,- __ne"
Dear Commissioners:
The undersigned, .. Vendor dedares that this proposal.. made without connection or arrangemMt with
any other person and this proposal is in every respect fair and made in good faith, without cotIuston or
fraud.
The Vendor agrees, ff this proposal Ie eccepIod, 10 exocuto a Coller Counly document for the purpooe of
establfshing a formal contractual relationship between the firm and Colier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
prop"",,1 dOCUl1lellts lis\lld by RFP .1~,
(Proposal Continued on Next Pege)
RFP10-5450
"
38
Packet Page -447-
PROPOSAL CONTINUED
IN WITNESS ~E~~F, WE _ hBnlunto ~ our names on this & day of ~ 2010 In
the Coun1y 01 0 II'\"' In the _ 01 "',^f1~A .
~ (m(~W
~~~lj)\;/ ~~;1. (.li+e ~3d1
L(J~131~Lf
~S'IDKli'
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Authori1y Document NumbBc
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ontce ..rvk:lng CollIer
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Company name UtI8d liS payee ~ Q.. ,
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3/22/2011 Item 9.A.
~,,~(C<):v> @ t'OJ'..\l>li{\( Y'\l'+
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3/22/2011 Item 9.A.
~- Ccnmt,y
:;;:;:;'d~SrMoes~
."""'""
Atloch_nt !
Immlgrellon AtndllVlt CefIIfIcation
RFP. : 10-5050
TIt..: Aop/ulh R.._. Concrobt, cure, S_lk and Dm-y 1_
ThiB _ II IeqUiIed ond lhouId be ligned, .-- by an __ prinapal of "'" firm and submlttad wlIh
formallnvlt8tiona to Bid (ITD'.) end Request b' Propoeats (RFP) submlttats. Further. Vendors I Bidders are
required to anrollln the E-Verify program. and prnvidlloccaptablB _co ofthei' enrollment, B1 the
time of the submission at the vendor'sJbidder's proposal. Acceptabte evidence consists of 8 copy of the
prnper1y compleled E-Varily C~ ProIiIe _ or 8 copy of the Iuly eo<acUIed E-Verify Memorandum
of Understanding for the~. FaIu.. to a-Io..... tit. AfIIdIIVI:..... . .. ______ sf anrGM..eut
IntheE~VerlfvDl'DDralll""'" ....v...lklrJ..... \,,- --"_.........-- 1*1",. n-~_.I...l....of
these reauir8ments wll not be .cceatad ......Ihe bid I Dr -I "'--"'Ine da1B.
Collier County will not Intentionally award County contracta to an,. vendor who knowingly empbys unauthorized
alien workers, amstituting . viDt&tbn of the emptoyment provisicr'l contained In 8 U.$.C. Section 1324 a(e) Secaion
274A(e) of the Imrnigrabon and Nation8Iity Ad ('NA1,
Collier COunty may conslder the ~ by iInY WlndOr of unliUthorized ~iens 8 vioBlion of Secdon 274A (e)
or the fNA Such VJo6abon by the I'8CipiBnt of the Employment Provisioos comalned tn Section 'Z74A (8) of the INA
shall be groonds for unilateral tMminlltion of the contract by Colier Coooty.
Vendor attests that they are fuRy c:omptiant wiIh 11II applicable irTmigJ8tion lawS (~1k*I) to the 1986lmmtgration
Act and subsequent AmI!Wtdmlilnt(.)) ...ct ..... ID comply with the pl'Olri8ion& of the MemonIndum of
Understa""'ng wiIh E-Yerify and to prtlYiOe proof of _In The EmplOyment Eligibility V_ Sy,"","
iE.Verify), operated by "'" DepMmentofHomeland Seot.rity In paotno<sh;p will1 tho Social Se<:umy Ado,...,.........
at the time of submissiOn of the Vendor's I BIdde(I5 ptOp088II.
~ C{j\(Je~
---~ --
=
Stale of ~l'1rJA
County of Cril,. (
The f9reg0ing Instrumentwaesigned end ac.knowIldQlld..... me"'~d_ of f1:r1""f.uh,..r
20 by
. __produaodr, ()Lei("H'l.I'Jl~1~~"- .._.
(Type of Identification and NUmber)
Company Name
Signatura
Dale
(Al~
1~11711()
I
PJintName
r...
(Q1.....~ JUAN DAElLAKA .
~. J: lrIol&r~Pub&lc._lltlle~~
9 ! My&nmm.&prresJcm-2.)uff
!f:.t$' Com.rsston , DD ~4Q2fl'
D
PubOc
Notary Camm-.oo NurnberlExpinltio
The signee of this Afidavit guarantees, as eMdenoed by the swom aft'idavff required herein, the trum and acc:uracy
of this affidavit to intetT'ogatofle hereinafter made.
RFP 10--6450
30
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cJt.. Cowtty
----- ~
Ado,;' .e&.di.e SeMoes DMsicn
Pun:I1aling
Attachment 5
Immigration Affidavit Certification
RFP#: 10-5450
Title: Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
This Affidavit is required and should be signed, notarized by an authorized principal of \he film and submitted with
formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals, Further, Vendors I 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'slbidder's proposal. Acceptable evidence consists of a copy of the
property 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 acceotable evidence of enrollment
in the E,VBrIfv _ram. shall deem the Vendor I Bidder's DroDOSal as non-resDOnslve. Documentation of
these reauirements will not be acceDted after the bid I proposal deadline date.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of \he employment provision contained in 8 U.S.C. Section 1324 ale) 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 \he contract by Collier County,
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to \he 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of \he 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 I Bidder's proposal.
Cctlc.\e~
o
Print Name
Date
Company Name
Signature
Stateof fbl'~cJA
County of cJlttr
The foregoing Instrument was signed and acknowledged before me this ~day of _(}(~wb,..r
20 bYJ
who has produced.!=r ~(G,UI'2.(j1(~7 ftg.... as idenlilication
(Prim 0 (Type of Identification and Number) ,
-
~..~~~I~~, , :
...t}]':-' JUAN ORELlANlI . ,
~.,. ": ". i Notary PuNic. State of Aoi~
\"'.;. ,,:~j My Comm. Expires JUIt 2:-2012
~~ ~~ C '
"",c::.:,\..'" ommissian #- DO ~~.6-.,:'
.1 .' ~.
D
Pri \; Name of No\;!IY Public
. (\.,., I 1. ?J'l)1)
Notal)' Commission NumberlExpiratlon
,.".
.,' r(
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, \hetruih and accuracy
of this affidavit to interrogatories hereinafter made.
RFP 10-5450
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cJt.. Cmotty
- -
M,.~~SeNca~
"-
Allechment 6
AflldavM for Claiming _ .. a LoceI BuoI.....
RFP ...1D-64SD A:8phMt~. Conc:nite. Curb, ~ and om-, Iln8IabtIon8
(C_I\p~__)
State ~ (Select eounIJ tf v.ndor Is dMcrtbed _. LocIlI Bua1_
~ Coller County 0 LM Caunty
Vendor ""'""' \hat k is a IocoI b_ a. defined by tho PlWlasing Policy of the Coller County Board
of County eomm-.... am"" Regulations Thorelll.
II:< defined in Soction XI 01 the CoIIler County P""""""'D Policy;
A "local blJSines&" ia defined as a buslnea that has a vaItd occupalionalllcen&e i6&ued by either Coller or
Lee County for a mirimtRll of one (1) vear prior to 81 Co/Iisr County bid or pmpouI8Ubmiuian thRt
authorizes the business to provide the commodities or aeMC8S io be poo:I'BHd, and a ptryaicaI business
address. located within the limb of CoHier or Lee Counties from which the vendor operates or perfronn&
business_ Post Office Boxes arB not ~ and shaD nat be used far the Purpc88 of eslabliahing laid
phy8R:81I1ddI'B88. In IIddftion to the fDnagoing, a vendor shall not be considen!ld 8 "Ioc::8I business- un'"
it contributes to the economic devetopment and welHleing of either Colier or lee County in a Yerifi8bIe
and measurable way. This may include, but not be limited 10, the rMention and expansion of ~
opportunities, the support and inereeee to either Collier or Lee County's tax base. and residency of
empkJyees and principals of the business within Collier or Lee Cotmty. Vendors shsIlIfl'irm in writing their
compliance with the foregoing at the time of submitting their bid or proposal 10 be eligible fur
consideration as a "klcal business" under this section.
Vendor must comp6Bte the ~ infonnatlon~
Year Business E.&tabIished i Colier County or 0 lee County: ao
Number of EmpioyoeB (Indudi ~.) or COIJl...... Offico..): l~
Number of Employees living in.....-B{ Collier County or 0 Lee (InctudIng Ownet(s) or Corpcnbt
0IIicenl) \~
If requested by the COunty, vendor wUl be required to provide documentation sub8tarttil;Iting the
information given in this affidavit FailLlfe to do so will resuft in \lendor's submission being deemed not
applicable.
:::~iJ\Y(~W
STATE OF FLORIDA
~COLUER COUNTY
~and
DQ:~
TIlIa: 0\1 IVHl(
o LEE COUNTY
Before Me. a Notary Public::, for the above State and County. on this
.2010.
'2 "2.(,"''L
m...:..~.."..~ _.IUtVlOftf,l,~-.::
t '\ NOIBf~..*efllRoddl
;" ;i.MfC_';'~~ullt.-2tJI2
~:!o<,,~-_collmis'iorI~DD~Q:A
..."..... ,---
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-~ -
M, ill ddli\le Services Division
Pun::haslng
Attachment 6
Affidavit for Claiming StabJs as a Local Business
RFP #:10-6450 Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
(Check Appropriate Boxes Below)
State ~a (Select County if Vendor is described.s a Local Business
~ Collier County 0 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 ColIiBr 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 CoHier 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 '1ocal business. under this section,
Vendor must complete the foI~' g infonnation:
Year Business Established in Collier County or 0 Lee County: ao
Number of Employees (Incluilin ~s) or Corporate Officers):~
Number of Employees Living i~ Collier County or 0 Lee (Including
Officers): ,~
Owner( s) or Corporate
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.
~:::-~}J(((PW
STATE OF FLORIDA
~OLLlER COUNTY 0 LEE COUNTY
SwOI'Q,to and d Before Me, a Notary Public, for the above state and County, on this
\\-'0" v 2010.
Date:
Title:
'L L() \"2-.
~,..~~~!,'I;t;~..", , -t:JUAN GREl,lANA
f~m' (f\ ~ot.f'I Public ~atete.o.t Florl'lla
;~ ;ffi 'M~ Cblnrit:Ellj>k'A.Jun 2.,2012
~'"*':l' O~ f"~~':: _ CO.mJIIlslion If. DO 79"4026
'j,,,...._' ":' I
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3/22/2011 Item 9.A.
RFP ()9..5197 Amulll Contract for ROliIdwIt.f Contractors
5. 0 Other I""""",,,, os 0 Pollution
nollld: Occurrence
lnau,.nce I Bond Type
1.11lI_.
Compensation
2. I1lIEmployef,l.isl>iltly
3. ~ Commercial General
Liab;Jty 100cu"""",,
Fonn) patterned IIftBr the
current ISO 10""
4. I1lIlndemnificalion
4. 1:81 Automobile Liabitily
6. 0 Bid bond
7. t8I Pertoonanceand
Paymont Bonds
Att8chment 7
Collier County Florkla
IMurance and Bonding Requinllments
"-'1- UmIl8
Statutory UmltJ of Aorida S1atutes, Chapter 440 and 81 FIIIder&l
G.w,"unont Slalulofy Umils and Roqu..........
51 000 000 singte limit per OCCUlTI!Iflce
Bodily "j"')' .... Proporty Damage
1;2 000 000 single limit per OCOJmtnC8
To the maxmum extent permitted by Fk:ftcta 18w. the
ContradofNendodConsuttant 8haI indBmnify IIiInd hcltd hannlMs CoII_
eo..rty, 1tB__~from'"'Yand" -._.
_.... CDBIo, induding, but not limllod to, . ,_ -.nays'-
and paralogals' _, to the._ _ by the nogligenoe,
recldesonoss. or _Iy wrongful oonducI .Ithe
ContraetorIVendorICClI'8.ItIIInt 01 anyone emploiJred or utiIimd by the
c....ib-.A,.,VendorICDnIIUII8nt in the """ ",,",,_~ at this Agreement.
ThO. indomn_obIigIItiDn_ nDfbo_ to_, lIbrIdlIO
or rN.Jce any other rights a- ,."ediea wtdch.olherwiee mey be......
to an Indemnified party or perwm detcnbed tn II'" perwgf1lPh. Thit
section does not prM1Ilin to ..y incident arising: fmm the 10M negligence
of Collier Count)'.
5 2 000 000 EMl 0ccumu10iI; Bodily Inj"')' & "'-'!Y ~.
OwnedINon-<>wnedIHired; A-,"I_
5
Per
OP__lJaIljlily 5 Per
Oc<:urn>nce
$ 500.000 each claim and in the aggregate
. $1,000,000 eech daim end in the GW"~
. $2.000.000 eectl dlim and in the eggregate
o Va!uable Papers Insurance
0=......
5
Per
ShaU be oubm_ with prcposal __ in tho 101m of certified......
ca&hiers' check or 1m iml'V'OCliJ_ IBtler of crecIIt. a fah bond polled with
(he County Clerk, or proposal bond In a sum equal to 5'" of the cost
proposal. AD checks shall be made payable to the Callier County Boan:I
of County Commis&lonerS on a bank Of trust: company Ioc8ted In the
state fA Florida and insured bV the Federal DeposIt In&lRInc8
CoI1XJ"'-
For projecI$ in excess of $200,000, bond9. shall be submlbd with the
executed oontract by P.~ receWing award, and WJIlII!tn for 100% of
the Conbad""'" amount, the cost borne by the Proposer """MnQ an
award_ The PerJonnance and payment Bonds shall be undefwrItten by 8
]2
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RFP 09-51117 Annual Contract for Roadway eon_
surety aulhortzecllO do businesa in the state of FJorid8 .nd otherwiae
acceptable 10 C>.Nner; provided. hQllM!lV8l', Ihe alRty shalt be rated as .A~"
or...... os to __ policy hoIderI rating and Claes V or h;gher_
SI to financial size category and the amount requiJ1ld IhII not exceed
5% of !he reportad poicy _' su",..., .. .. ~ in !he most
current Best Key Rating Guide, p"- by A.M. Eleol Company, Inc. 01
75 Futton $beet, New York, New yOflt 10038.
8. ~ Vendor shel ensure that al subcontractors comply with the same insurance
requirements tI1at he is requiled to meal Tho same Vendor shan provide County with
certificates of insurance meeting the required insurance proviston8.
9. [21 Colier County must be named as "ADDITIONAL INSURED" on the Insurance Certifioate
for Commen:ial GonereI UobiIity where required.
10. [21 CoIlie1' County Boord of County Conunissloners shoP be named o. the Cottifica1e Holder
and the certificate must read 'For any and all work performed on bel1aWof Collier County.
NOTE: Tho "Certificate" should read ..follows:
.. For any and all work performed on behatf of Collier County,
, Collier County Boord of County Commissioners, Nopleo. Ronda
No County Division. Department or Individual name should appear on the Certfficate.
11. [21 Thirty (30) Days ean_ Notice required.
Vendor'. Insurance StMemenl
We understand tha insurance ~ of these 1!lo~1\.oat1un5 and that the evidence of insurability may
::~:~"i~;orrl of~~soi_,," Date H \nl \0
Vendor ~
Signature
t~~:~
Print Name
Insurance
AlJe=I
Agsnt Name
f>f'o ?1)r\W\
~~-;I'll
Numbot
33
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From: EricksonRebecca <RebeccaErickson@coIliergov.ne1>
Date: December 17, 20109:45:36 AM EST
To: Buddy Quarles <bqconcrete@earthlink.ne1>
Subject: RE: reference letter
To Whom it may concern:
Buddy Quarles of BO Concrete has been doing work for our department for a
number of years. He has completed many Concrete jobs for us and has also
handled other jobs as the General Contractor. Buddy has always done an above
excellent job on any task he has been hired to do. His dedication to his client
exceed expectations at all times, I would recommend Buddy Quarles for any
needs you may have. Feel free to contact me for any addition information you
may need.
Rebecca S. Erickson
Accounting Technician
Facilities Management
239-252-8380
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Letter of reference for Buddy Quarles
BQ concrete
John Clements 3335 Tamiami Trl East Naples
fl 34112 Project Manager jBuilding Inspector
239-252-8380 johnclements@colliergov.net
BQ concrete has provided outstanding
services to Collier County Government. They
have contracted for all phases of construction.
They have done concrete, vertical
construction, painting, electrical, plumbing,
Hvac, Fencing, glazing, and unlimited
Interior construction. They have worked
under my project managing scope since 2007
to present,
They always completed on time and under
budget.BQ concrete has completed projects
for 100,000 and have done work for as little
as 1,800.00
If I can be of any further assistance please let
me know
John Clements 12/17/10 John Clements
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From: HolderRon <RonHolder@colliergov.net>
Date: December 17, 20108:48:37 AM EST
To: Buddy Quarles <bqconcrete@earthlink.net>
Cc: "billysummers2@comcastnet" <:billysummers2@comcast.net>
Subject: Buddy Quar1es
In reference to Buddy Quarles, BQ Concrete,
I have used BQ Concrete for dozens of projects over the years such as
sidewalk repairs and replacement, sea wall repairs, concrete slabs, etc,
His staff always does a great job, cleans up the area after the project
and even posts a man to watch over the drying concrete so it will not
be vandalized. I will continue to use BQ for all my concrete related
needs.
Thank you.
Ron Holder
Sr. Field Supervisor
Collier County Parks & Recreation
Beach & Water Section
15000 Livingston Rd,
Naples, Florida 34109
239-580-9121 or 239-591-4986
Email: RonHolder@colUer&:;ov.net
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Cotl, County
- - ---
- - ~ -
GROWfH MANAGEMENT DMSION
Road and Bridge Maintenance Department
4800 Davis Blvd.
Naples, FL 34104
(239) 252-8925
Fax (239) 774-6406
12/20/2010
BQ Concrete Inc,
48 Wickliffe Drive
Naples, FL 34110
(239) 262-7320
RE: .Contract #09.0108 - "Concrete Sidewalk & Curb maintenance"
Subject: County wide Sidewalk Maintenance Repair- Reference Letter
To whom it may concern:
Mr. Buddy Quarles, has worked for Collier County for the past four years. His
company has met and exceeded all work to the satisfaction of Collier County Road
Maintenance Dept He has met all deadlines that have been issued in the past He has
always provided an alternative solution and has saved the county time and moneys.
Road Maintenance Department has a budget of approximately $400,000 a year in
repairs.
Should you have any questions or need additional information, please do not
hesitate to contact me at (239) 252-8924.
Very truly yours,
AtEXANDER BLANCO
Alexander Blanco
E-mail A1exanderBlanco@colliergov.net
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RFP #10-5450
Asphalt Roadway, Concrete, Curb, Sidewalk and
Driveway Installations
Collier County
Board Of County Commissioners
Mitchell & Stark Construction Co.
Inc.
Engineers - General Contractors
Licensed in Indiana and Florida
Established in 1955
6001 Shirley Street
Naples, Florida 34109
Phone: (239) 597-2165
Fax: (239) 566-7865
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TAB I
COVER LETTER I MANAGEMENT SUMMARY
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LETTER OF INTRODUCTION
Mitchell & Stark Construction Company, Inc. was formed as an Indiana Corporation in
1955. We have constructed numerous utility and road projects throughout a multi-state
area, Mitchell & Stark was authorized to do husiness in Florida and opened an office in
Naples, Florida in 1981. Weare licensed as an engineering firm, general contractor,
underground utility contractor, contractor V fire contractor, plumbing contractor and
mechanical contractor.
We have extensive experience in managing construction projects in the Southwest
Florida area through the use of our own employees and subcontractors. This experience
was attained during the construction of numerous road, water, sewer, storm drainage,
earthwork and golf course projects within the Southwest Florida area. We have
completed several design build projects in which we were required to have full expertise
from pennitting to construction. Currently Mitchell & Stark provides several owners
with cost estimates, construction suggestions, engineering services and designs on many
oftheir projects.
We have a staff of professionals with many years of experience in the construction
industry. Our staff includes several registered professional engineers and certified
contractors in various fields. We are able to construct all types and sizes of projects and
are called upon by several local entities to perform work that no one else can handle. We
strivc to maintain a good relationship with all of our clients, subcontractors and suppliers
and have been successful in doing so.
The expertise and experience of our field personnel is extensive and they are committed
to serving the client and solving any problem. We bring to the table a committed team of
professionals willing and able to compete in any arena, We have been with the same
bonding company for more than forty years and are able to bond in excess of thirty
million dollars. Currently we are well under that threshold and will have no difficulty
bonding any of your projects.
We are currently one of several contractors on emergency Annual Underground Utility
Contracting Services Contract in Collier County, Florida. We responded one hundred
percent of the time when called upon and have been the back'Up for other contractors
when they have been unable to respond. We also provide emergency services for the
City of Marco Island, the Greater Pine Island Water Association, Gateway Services and
thc City of Naples among others,
The employees of Mitchell & Stark are well qualified to perform work the work
described in this RFP. Resumes of various personnel have been included in this package.
All of our foremen have received competent person training. This is a class they attend
with a written test provided by the National Underground Utility Association.
Furthermore, we provide yearly training in safety matters,
Weare confident that we can give you the best, most cost effective product and are
anxious to prove it to you.
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3/22/2011 Item 9.A.
CONTACT PERSONS
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Contact: Brian Penner
Phone: 239-597-2165 ext. 25
Mobile Phone: 239-572-0154
Email: bpenner@mitcheUstark.com
Contact: L.D. Neal P.E.
Phone: 239-597-2165 Ext, 23
Mobile Phone: 239-572-0152
Email: Idneal@mitcheUstark.com
Contact: David Scafidi
Phone: 239-597-2165 Ext. 27
Mobile Phone: 239-571-5678
Email: dseafidi@mitcbeUstark.com
By: Brian Penner CEONice President
p~L--
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3/22/2011 Item 9.A.
TAB II
PROPOSER'S CREDENTIALS,PREVIOUS
PERFORMANCE & PROJECT UNDERSTANDING
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3/22/2011 Item 9.A.
MANAGEMENT SUMMARY
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Mitchell & Stark is noted as being an underground utility contractor; we have become a
major road contractor in Southwest Florida. In the last five years we have built a
substantial amount of roads in Southwest Florida. We have constructed several large road
projects and even more turn lanes and residential road construction. Some of the road
projects include Gladiolus Dr. Widening, Three Oaks Parkway Extension, Old 41 Road
Widening, Tree line Ave, Three Oaks Parkway, Coconut Road, Williams Road, Palomino
Lane, Green Blvd, and Corkscrew Road. Gladiolus Dr. Widening, Tree line Ave and Old
41 Road Widening were contracts in excess of 13 million dollars each. Projects currently
under construction include Oil Well Road Widening ($39,189,817) for Collier County
and Stare Road 82 ($22,167,863) for City of Fort Myers, Mitchell & Stark has
constructed numerous turn lanes on US 41 and other major roads. Mitchell & Stark
recently completed a sewer project on Marco Island that required reconstruction of
]45,000 SY of roadway. This work was performed in existing residential areas and on
major arterial roads.
L.D. Neal P ,E. is responsible for our earthwork and road construction crews. L.D. has
extensive experience in road construction and has managed many difficult road projects.
We have two superindents that work under the direction ofL.D. Neal and 5 road crew
fore man. We own a complete fleet of equipment for these crews. We perform all road
work with the exception of concrete work, sign and striping and asphalt paving. MIS
owns a paving machine and we do some paving work but typically subcontract this work
out to Apac or Better Roads. The concrete work is subcontracted to Curb Systems and the
sign and striping is typically subcontracted to Road safe. By providing a large volume of
work with these subcontractors and building a good relationship with them we get good
service from them and their quality of work is the best in the industry.
Mitchell & Stark prides itself in planning and preparing for a project. Mitchell & Stark
will review plans for value engineering and errors by a team that includes project
manager, engineer and top management. We will visit the project site looking for
construction, safety and MOT issues. Our approach is to find all errors and issues prior to
construction and then address them. Our approach saves the owner and Mitchell & Stark
monies and allows us to complete the project on time.
Mitchcll & Stark can prepare a Mot plan for each project. We have employees that are
certified to prepare these plans. Several of our road fore man have received the same
certifications to prepare these plans. Our plans are coordinated with the construction
schedule and we try to minimize traffic issues for the public. Ninety percent of
employees have received flagging certifications.
Safety of the public and our employees will not be compromised. Our extensive
experience in traffic control in residential areas and public roads gives us the expertise to
insure the safety of the public and our employees. Mitchell & Stark instructs our
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3/22/2011 Item 9.A.
employees and communicates to them clearly that the safety of the public and our
employees are more important than production.
Mitchell & Stark understands you are looking for a contractor to provide complete
roadway construction services in accordance with the specifications included in the RFP.
Our construction services, materials and equipment shall fully comply with all Local,
State and Federal laws and regulations. Mitchell & Stark must be licensed to perform this
work.
The propose scope of work is as follows:
I. Lengthening or modifying left and right turn lanes,
2. Modifying median openings along County arterial and collector roadways.
3. Improvements to intersections of roadways.
4. Work similar in nature to items I thru 3.
5. Maintenance of Trafficl Traffic Control and Protection per FDOT and Collier
County Standards,
6, Fonned curbing, alc pads, building pads, sidewalks, footers, block walls,
ornamental concrete coatings, tie beams, concrete repair, pool decks, patios,
driveways, slabs, continuous curbing, clearing and preparation of site, concrete
pumping, columns, keystone-stucco coating, pavers, asphalt drives and parking
areas, as well related walkways or driving surfaces, signs and striping.
7. Design and build Hammerheads at selected dead end streets.
The Contractor is to provide complete construction services and shall be responsible for
knowledge and compliance with all relative local, state and federal codes and regulations.
The contractor is to provide a one year warranty for all work perfonned. On projects
larger than $200,000 a perfonnance and payment bond will be supplied by the contractor.
Mitchell & Stark does not identify and issues or concerns of significance concerning the
RFP and propose work.
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3/22/2011 Item 9.A.
,
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahossee, FL 32399-0450
STll:PHANIE C. KOPELOUSOS
SECRETARY
February 19, 2010.
MITCKELL & STARK CONSTRUCTION CO" INC,
PO BOX 219
MEDORA IN 41260
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
I
The Department of Transportation has qualified your company .for the amount. and
the type of work indicated below. Unless yoilr companj' is notifi..d otherwise, this
rating will expire 4/30/2011, However, the new application is dueZ/Ze/ZOll,
In accordance wi.th 8.337.14 (1) 1'.8, your n_t application _eel: ~ f'iJ.ed rithin
(4) monthe of the ending date of the applicant' e audited annual financO.al'
etatem_ts and, if' appJ.i.cabla, the audit:.a<i int.a>:ia financial ata_ta. Section
337.14 (4) F.S, provides that your certificate will be valid for 18 months after
your financial statement date. This gives a two month period to allow you to bid
on jobs as we process your new application for ctualification. To remain qUalified
with the Department, a new application must be submitted subsequent to any
significant change in the financial position or the structure of your firm as
described in Section 14-22,005(3), Florida Administrative Code.
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MAXIMUM CAPACITY RATING, $454,750,000.00
FD07 APPROI/ED WORK CLl\SSZS:
DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING
I
II'OOT APPROI/ED SPECIALITY cu.sSl:S OF MOlUt,
SEWAGE & WATER TREATMENT PLANTS
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'lou may apply, in wri ting, for a Revised Certificate of Qualification at any time
prior to the expiration date of this certificate according to Section
1~-22,0041(3), Florida Administrative Code, Please be advised if certification
in additiQnu.l classes of ....ork is C1es1.red, document~tion is needed to show that
your company has done such work with your own forces and equipment or that
experience was gained with another contractor and that you have the necessary
equipment for each additional class of work requested.
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Sincerely,
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Juanita Moore, Manager
Contracts Administration Office
,JM,cj
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www.dot.state.ll.uS
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3/22/2011 Item 9.A.
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3/22/2011 Item 9.A.
certificate of Status
I certify from the records of this office that MITCHELL & STARK CONSTRUCTION
CO., INe. is an Indiana corporation authorized to transact business in the State of
Florida, qualified on May 02, 1980.
The document number of this corporation is 845897.
I further certify that said corporation has paid all fees due this office through December
31, 2009, that its most recent annual report/uniform business report was filed on January
26, 2009, and its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
I further certify that this is an electronically transmitted certificate authorized by section
15.16, Florida Statutes, and authenticated by this code, 090127000242-200142063852#1.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Twenty Seventh day of January,
2009
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3/22/2011 Item 9.A.
2010 COMPLETED PROJECTS
CONTRACT
AMOUNT
$5,150,851.00
$6,269,834.00
$16,894,042.00
$2,946,019.00
$558,186.00
$6,096,331.00
$6,252,148.00
$1,908,398,00
$285,015.00
$464,253.00
$97,962.00
$196,834.00
$635,303.00
$310,819.00
$] 53,034.00
$1,594,145.00
PROJECT NAME
I PLANTATION RD EXT.
THREE OAKS PKWY EXT
I GLADIOLUS DR. WIDENING
NAPLES BOTANICAL GARDEN
I HENDRY CO. EARTHWORK
MARCO ISLAND KENDALL
MARCO ISLAND MACKLE
I VILLAGE WALK PH 4B
FGCU RESEARCH LAB
VILLAGE WALK 3B
I GOODLETTE WATERMAIN
NCWRF FLOWMETER
I NAPLES BASIN V AREA
HERITAGE BAY ESCAMBIA
I VILLAGE WALK PH 4A-3
VERONA WALK PHASE 4B
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ENGINEERING FIRM
T.Y. LIN INTERNATIONAL
SOURCE INC.
LEE COUNTY ENG DEPT
WILSON MILLER ENG.
CH2M HILL
BOYLE ENGINEERlNG
BOYLE ENGINEERlNG
RWA INe.
WILSON MILLER ENG.
RWA INC.
CITY OF NAPLES
COLLIER COUNTY BOCC
GULFSHORE ENG INe.
WILSON MILLER ENG.
RWAINC.
WILSON MILLER ENG.
2009 COMPLETED PROJECTS
I
Shefliekl Sewer District WW
Lamplighter Sewer Distr:lct WW
V..demU. Water Maln
MARDELLA ENTRANCE
Hultage Bay. Lion. Bay Court
Magnolia Pood WatermaiD
Marbella Lakes Entrance
LeI)' C.-lronl Center
CorklcR'w WeUfield
Jetway Tradeport Hotel '.rkinK Lot
VerolUlW.1k
NCL-Pobble Water Ullage Raw Water Ph 1
wndfkn'ler Way Elttensiuu
LASI' Phase 1 B
Verona Walk Phase 4Bl
Cape Coral Wells
Heritage Bay - Lioa Bay Coart
Coller Coaat)' Magnolia Water Main
Cape Coral W-8
Vktorbl Park
Reserve at Estero Phase :l
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56,63',226.00
".756,387.00
$190,650.00
SM,.75.45
$30,730.00
$81,000.00
S84,11SAS
S6M,....z.
52,367,203.5&
$88,787,65
$2,160,3J4.412
St6,872.37
SI33,313.52
$3.575.814.95
$1.084,194.47
51,476,699.17
$30,730.00
$11.000.00
SU.642.037.01
$427.310.00
53.356,516,65
CIty of Martu bland
ell)" of Marro llland
Collier County Bel ofColIIIDIJsluaen
Engle lIoQJel
Leanar SW florid.
Collier Couaty Bd ofComml8.....en
GI. HOmel
Stoc:k De"elopmenl
MWH Cootneton
Cooper Compaalell
Patlte Homes Corporation
MWH Contractors
Slock Developmt.Dt
Colier COUllt)' Bd of Conunissiooers
rulte HOIDeI Corpo...tloo
MWH Conlractor.
Lennar SW Land
CoOler Conty Bd of Cummissi!.lllers
MWH Cuntracton
ColDer County Dd o( ComnaiIlsiooen
Tall Bratben lae.
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3/22/2011 Item 9.A.
Boyle EDglaeeriag
Boyle EuciDeeriDa
TBE Gre.p Inc.
Q Grady MblClr
WUiIODMlIItr
Grady MiDar & Associ.teI
Waldrop Eogineeriag
MWB ContractoR
Jo"'!IOb EnaiReerlD&
Wlsoa Miller loc.
Waldrop Eng
Agnail, Barber end Brundage Inc.
Whon Miller
MWH CoatractDr$
WIIIOIlMilierlnt..
Grady Minor &. AllUClata
MWH Contractul'$
Grady M1IlM & AssociateS
Heidr&AIlIOC,
PINE WOODS RO
WATERFQRD LAKES
MARBEUA l.AKES
OASIS KEY UT. & ROAD
TIBURON MAQUESA
BRISTOL PINES
QUAIL WEST
AVE MARlA POC
NCWRF NORm BlEACH
RAVENNA
MAGNOUA lANDING C & 0
OLD 41 ROAD WIDENING
MERCATO
OLD 41 U11lJTY REIDCA TE
PllJCAh' BAY WWTP
N, CO, \\~TP CHa1CIAL
PINEWOODS RAW WM
JETW A Y TRANSPORT
RENAISSANCE
IMMOKALEE WATERMAlN
CAPE CORAL RAW WM
PIRATES HARBOR
CORKSCREW RA W WATER
MARBEll.A SALES FAe.
MARDELLA REC. CENTER
EMERSON PARK PH U
MARNI SOCCER HELDS
CAPE CORAL W-8
VK'l'ORl... PARK WEST
ROYAL WOOD STORM
CORKSCREW ROAD CURVE
FlESTA VLG FILTER
VERONA WALK PHASE 4A
AVE MA.RlA SOUTH PARK
GOLDEN G.4, TE WM
2008 COMPLETED PROJECTS
$533.239.00
$8.418.243.00
$12,292,939.00
13.]96.939.00
1568.5".00
$998,906.00
$6,263,073.00
52.061,998.00
515.,000,00
SI,869,1]6.00
S I ,293.007 .00
$13,926.106.00
S5,638,094.00
$IR,638MI.OO
$1.238.207.00
$429.900.00
$1,240,735,00
$4,691,605.110
$334.385.00
$1,281.3111.00
52,090,989.00
$1.099.442.00
52.532,946.00
526,761.00
550,179.00
$1,064.639.00
$829.180.00
$6,309,249.00
$427,070.00
$1,673.20].00
$819.885.00
$549.000.00
$2.128.880.00
S142,957.!lO
$2782M.OO
LEECOUNlY
ENGLE HOMES
ENGLE HOMES
ENGLE HOMES
WC! COMMUNTIlES
W A TERW A VS JOINT VEfIl'TURE
GINN COMPANIES
BARRON COUJER
COWER COUNIY
GULSUORE HOMES INC.
TA YWR WOODROW
CITY OF BONITA SPRINGS
COLUERI UJrGERT
BONITA SPRINGS U1llJTJES
COLUEll COUNTY
COlllER COUNTY
LEE COUNTY
COOPER COMPANrES
cm' OF BONITA SPRINGS
JMMOKALEE WATER DISTRICT
CAPE CORAL
CHARLOTTE COUNTI'
LEE COUNTY
ENGLE HOMES
ENGLE HOMES
PULTE HOl\iES
CITY OF RONlT A SPRINGS
CAPE CORAL
COUlER COUNlY
COUJERCOUNTY
LEE COUNT)'
LEE COUNTY
PULTE HOMES
rULTE HOMES
FGUA
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3/22/2011 Item 9.A.
COROl.l.E
BANKS ENGINEERING
Q GRADY MINOR
BANKS ENGINEERING
HEIDT '" ASSOCIATES
RWA
HOLE MONIES
Q GRADY MINOR
HOLE MONTES
HOLE MONTFS
JOHNSON ENGINEERIN
HOlE MONTFS
ABB
RWA
HAZEN SA \VYER
HAZEN SAWYER
MWH
JOHNSON ENGINEl:.1UN
Q GRADY MINOR
BOYLE ENGINEERING
MWll
BOYlE ENGrNEERINO
MWH
Q GRADY MINOR
Q GRADY MINOR
WAlDROP
crrv OF BONITA SPRINGS
MWII
Q GRADY MINOR
ABB
BOYlE ENGINEERING
SINERN TRENT SERVICES
WILSON t.ml.ER
WALDROP
MALCOLM J'lRNLE
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3/22/2011 Item 9.A.
2007 COMPLETED PROJECTS
Creekside $2,442,241 K.B. Homes Banks Enoineerino
Treeline Phase 2 $2,651,169 Tousa Homes Inc. dba Banks Enoineerino
Palomino Lane $1 395,462 Worthinoton Holdinos S Communltv Enoineers
Treeline Roadway $14,981.766 Worthinoton Holdinos S Communitv Enoineers
Hampton Park $2.309.817 WCI Communities Barraco & Assoc.
Cascade at Riverwalk $8,425,577 Levitt and Sons Barraco & Assoc,
South ReQ WTP $2,016.672 Collier Countv Water Se Camo Dresser & McKee Inc.
Collier County Wells $5.231.262 Collier County Water Se Hazen SaWYer
Heritaoe Bav 1A Roads $1 172,401 US Homes Corooration Wilson Miller
Botaniea $6.559.075 Lee Countv Homes Assc CES
Reflection Key $3,405,504 Enole Homes Banks Enoineerino
Lelv Ole $13,361,854 Stock Develooment Waldrop Enaineerina
Valencia Phase 2 $4.067.578 DR Horton Davidson Enalneerina
Bavshore $1 569994 K,B. Homes Barraco & Assoc.lnc
Tuscanv Isles $1.862.540 K.B. Homes Banks Enaineerino
Oak Harbor $1.261,219 K.B, Homes Banks Enaineerino
Oranae Blossom Ranch $5,431,448 Pulte Homes Waldrop Enoineerino
Verandah Phase 3 $9.050.389 Bonita Bav Group Johnson Enolneerino
Verona Pointe $958.553 Pulte Homes Waldron Enoineerino
Coral Lakes Phase 0 $1,086,458 Transeastern Properties Banks Enoineerino
Caca Coral Weirs $1,239.753 MWH Construction MWH Construction
Reflection Lakes Naples $4,567.862 Enale Homes Vanassee Davlor
Caloosa Lakes Ut & Rds $4.167.831 DR Horton Vanassee Davlor
The Oaks @ Riverwalk $1.227,783 Gardens at River Walk [ Banks Enalneerina
N. County Chemical Feed $840,687 Collier County Bd of Con Hazen SaWYer
Reserve $3.329,741 Toll Brothers Inc. Heidt & Assoc.
Villaae Walk Phase 3B $861,744 Divosta Homes LP RWA
Mancheste Sauare $697,438 WCI Communities Q, Gradv Minor & Assoc.
Bellera Walk $3.699,639 Divosta Homes LP Wilson Miller
Bonita Adult Livlna $2,240.644 Levitt and Sons Barraco & Assoc.
Hampton Park Mulit $552,881 WCI Communities Barraco & Assoc.
Heron Glen FM $4,670,534 North Ft. Mvers Utilities I JRI Ennineerino
Heritaae Bav PPL $2,205,409 US Homes Corporation Wilson Miller
Homestead Forcemain $2,936,680 Fla Govermental Utilitv A HDR Enaineerino Inc.
Heritage Bay SOP $2,165,961 US Homes Corooration Wilson Miller
Heritage Bay 2B $2,432,872 US Homes Corooration Wilson Miller
Magnolia Landing Entrv $2474,383 Tavlor Woodrow Johnson Enaineerlna
Coral Lakes Phase 3 $1,507,835 Transeastem Prooertles Johnson Enaineerina
Airport Waterline $300,449 Gatewav Services Distric Johnson Enaineerina
Heritaae Bav $992,604 US Homes Comoration Banks Enaineerlna
Ave Maria Emerson Park $5,022,296 Pulte Homes Waldroo Enaineerina
Shadow Lakes $176,910 MW Johnson Quattrone & Associates Inc
Manchester Ut Rds $1.038,699 WCI Communities Q Gradv Minor
Wells 39, 40. 41, 42 $497,650 Colloer Countv Metcalf & Eddv
Heritage Bay Club $913,054 US Homes Comoratlon Wilson Miller
Heritage Bay Maint. Facility $298,398 US Homes Comoration Wilson Miller
Ave Maria Middlebrook $5,708,464 Ave Maria Development Waldrop Ennineerino
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Stone rook
Botanica Lakes
Bellawalk Brid e
Creekside Phase 2 & 3
Cascades at Estero
Lei Stormwater
Elkam Circle FM & WM
Eastwood Clubhouse
Deltura Forcemain
Florida Rock Storm drain
Reflection Lakes Na les Fill
Mustan Island Final
Ma'or Final
Herita e Ba Outfall
Grand Oak Pavin
3/22/2011 Item 9.A.
Packet Page -473-
I Airport Waterline
Be/Largo B & F
I Belle Vida Ph 2
Caloosa Lakes UT & Road,
Cape Royal Ph 2
Cape Royal Ph 2
I Caacode Riverhan Phase 2
Cmlll Lakes 0
Coral Lakes
Coral Lakes
I Devonshire
Devonshire Ph One
Foromn
I Foromn
GOLDEN GATE WELL 33
Heritage Bay Commons
HERITAGE BAY ENTRY RD.
I HERITAGE BAY PH lB
HERITAGE BAY PH IB ROADWAY
Heritoge Bay Ph. 1
HERON GLEN GOLF COURSE
I Heron Glen PH. 2
Magnolia Landing
Mognona Landing (Herons Glen Ph2 )
I Magnolia Landing Golf MainL Facility
Magnolia Landing Lake Escsvation
Marbella Phase 3
Marbella Phase 3
I N. COWl.ty Sound Enclosure
Oasis Key Fill
Oil Well Road
Oilwell Road
I Olympia
Olympia Point... Lee Blvd 130
Orange BloS80m Phase A
I Osprey Cove
Pelican Bay George Town
Reflection Isles Earthwork
Reflection Isles
I Reflection Isles
Reflection Lakes
Reflection Lakes J A
Reflection Lakes PH. 2
I Riverwalk
Santa Barbara Force Main
Shallow Ford Estates
I South County Storage
Southrark
Stoneybrook Multifamily
Sweetwater Landing
I Tarpon Copve Reuse
The Meadows
Valencia Fill
Verandah Commercial
I Verandah Cottonwood
Verandah Pebblebrook & Lakeview
V crl1ndoh Ph 2
I Verandah Ps 2 earthwork
Verandah Ph 2A 2B
Vemndah Phase 2 Master Storm Drainage
Venmdah. Sable Point/Otter Bend
I Venmdah-Lakeview
WBC Golf Club
Winkler Preserve
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2006 COMPLETED PROJECTS
$337,040.00 Gateway Services Comm
$2.745,041.00 Toll Broth""
$3,532,780.00 D.R. Horton
$1,113,980.00 D.R. Horton
$3.250,560,00 Engle Homes
$759,035.50 Engle Homes of SW Florida
$6,538,328.62 Levit and Sons
$1.155.892.50 T ranseastem PropertieslLandoo Investments
$6,249.346.1] Tnmseastem PropertieslLandoo Investments
$5,960,637.00 Tnmseastern
$3,850.839,78 D.R. Horton Homes ofB
$5,738.013.00 D.R. Honan
$3,100.329.23 D,R. Horton Homes ofB
$2,973,470,00 D.R. Horton
$572.735.46 Collier Co. Bord of Comm.
$290,409.00 V.S. Home
1992,604.00 U.s. Home-Leonllr Corp
$3.963,781.85 U,S. Hom.,.Lennar Corp
$1,172,401.21 U.S. Hom.,.LeonllrCorp
$3,963,782.00 U.S. Home
$3,010.225.86 Taylor Woodrow Communities
$4,800.218.00 Taykn Woodrow
$1.873.065,73 Taylor Woodrow Communities
$1,992,409.35 Taylor Woodrow C,ommunitie....
$528,420.50 Taylor Woodrow Communities
$487,463.10 Taylor Woodrow Conununities
$968,957.03 Engle Homes ofSW Borida
$968,957.00 Engle Home,
$302,778.00 Coller Comly Board of CorrunissionCl"S
5969,440.00 Engle Homes
5963,627.00 Pultc
$1.028.249.47 Puhe Homes
$5.734.653.00 Transeastern
SS,734,653.00 Transeastern Properties!Landco Investments
$2.812,557.28 Pulte Hom~
$1.446,695.26 V.S, Home Corp.
$232,805.00 Collier Co. Bord of Corom.
53,639,194.40 Engle Homes of SW Florida
$3,639,194.00 Engle Homes
$4,620,611.00 Engle Homes
$2.880,408.00 Engie Home,
$1.134.191.00 Engle Homes
$3,272.296.00 Engle Home'
$1.221,525.82 U.S. Home Corp.
$6,925,155.00 ColleT County Board lIfConunissioners
$230.514.80 Southwest Florida Land
$262.300.00 Coller County Board of C,ommissioners
$1,559,671.00 Trnuseastem
$776,073.00 U.S. Home
$790.684,00 Bonita Bay Group
$462,780.00 Tarpon Cove Condo Assoc.
52,809.024.00 Shelby Homes
$966,930.00 Engle Homes
$0.00 Bunita Bay Group
$734,642.00 Bonito Bay Group
$1,480,340.84 Bonita Bay Group
$8, I 04,259,00 Bonito Bay Group
$7,144.084.80 Bonito Bay Group
$7,297.092.00 Bonito Bay Group
$1,769.874.50 Bonito Bay Group
$1,210,880.57 Bonita Bay Group
$1.356,318.40 Bonito Bay Group
$460.264.88 West Bay Club Development
$7,213,542.00 D.R. Hortoo
Packet Page -474-
3/22/2011 Item 9.A.
Heidt & Associates
Banks Engineering
Vanessa Daylor
Banks Engineering
Banks Engineering
Heidt & A"""i_
Banks Engineering
Banks Engineering
Banks Engineering
BBrllICO & Associates
BIllTIICO & A"""iates
Johnson Engineering
Jolmson Engineering
Camp D_ & Mckee Inc,
Wibon Miller
Wi(90n Miller
Wilson Miller
Wilson Miller
Wilson Miller
Johnson Engineering
Johnson Engineering
Johoson Engineeriog
Johnson Engineering
lohmoo Engineering
Johmion Engineering
Grady Minor & Associates
Grady Minor & Associates
Metoaf & Eddy Inc,
Banks Engioeering
Gmdy Minor &. Associates
Grady Minor & Associates
Barraco & Associates
Barraco & Associv.tes
Barraco & Associates
Wiiaon Miller
Focus Engineering
Banks Engineering
Banks Engineering
Banks Engineering
Vanessa Daylor
Vanessa Daylor
Vanessa Daylor
Bank, Engineering
Greeley Hanaen
Quattrone & Associates, Inc.
Hole Montes & Associates
Environrnental Consulting & Tech. Inc.
Banks Engineering
Johnson Engineering
Agnoli Barb... & Bnmdage
Barraco & Associates
Davidson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engn-;r,g
Johnson Engineering
Barraco &. Associates
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Bradford Lakes
I Caloosa Lake Clear
Cope Coral Headwork.
Cascade D2
I Cascade Trace G
C.scade Track G
Coconut Road Overlay
DANIELS PARK
I DANIELS SALES TRAILER
Gateway Irr, Pump Station
Goodlelte Frank Em
I GOODLETTE ROAD
Goodlette Frank Em
GPIWA Boo.ter Sm
Heritage Bay Commons
I Heron Glen ACC Rd 2
Heron Glen Access Road
Heron Glen E.nt
Heron Glen Entrance
I Homestead Road Turn
Laguna Lakes
Laguna Lakes Pod A
I Lely Ciassics Pia 2B
Marco Island Repairs
Marco Lakes Well 518
Mercedes.. .Gateway job
I Milwaukee Blvd
Musket Lane
County WTP Acid Tank
J'\jorth CoUDty Wellfield
I Pelican Bay Fire
Pelican p~ TRK. H.]
Ploy= Ciub Lely
I Reflection Phase 1B &IA
Renaissance DIE
Rinker Haul Road
SCWRF EXPANSION
I SHAOOW LAKES
Shadowwood Pres Club
South Cu. Deep Injct
I Stoneybrook Muiti Family
Stoneybrook Phase 2
Stoneybrook Phase 4
Timber Ridge Phase 3
I Tuscany Cove
Vasari Phase 3 Rev
VASARI...PHASE 6
Veraudah Orangetree
I Verandah Utility Rd Phase 2
Verandah Utility
Village Walk Phase 3 A
I Village Walk Phase I
Viliage Walk Phase 2
Village Waik Town Center
WBC Boy Bridge
I Westm.inister
I
$472.791.00
$123,000.00
$386,068.00
$418,017.00
$1,176,517.93
$800,776.00
$253,595.00
$1,608,769.46
$107,654.00
$783.980.00
$4,047,446.00
$5,265,429,00
$4,047,446.00
$1,716,663,00
$1,658,167,00
$491,576.00
$6J6.924.29
$120,796.00
$120,79S.50
$52,420.00
$3,855,079.00
$712,915.00
$499,198.00
$543,487.00
$83.430,00
$1,205,000.00
$618,9JO.00
$12.336,00
$218,728.00
$1.996,512,00
$129,iSO.00
$280.947.00
$762,067.00
$6,216.037.00
$S53,606.00
$149,000.00
$9.S29,795,72
$2,S30.103.34
$149,941.00
$396,S50.00
$100,45S.44
$906,961.00
$692,632.00
$490,666.00
$2.215.534.00
$79,648.00
$516.16S.79
$292.597.00
$2,3S3,868.90
$7,207,143.00
$1,777,80S.90
$3,940,789.00
$2,833.17S.00
$299,716.00
$0.00
$1,245.833,15
2005 COMPLETED PROJECTS
u.s. Home
Engle Homes
MWH
Levit and Sons
Levit and Sons
Levitt & Sons
Bonita Bay Properties
M W Johnson Construction
M W Johnson ConstruCtion
Gateway Services Comm
Colli... Counly
Ajax Paving
Collier Co. BordofComm,
Greater Pine Island Water Association, Inc.
U.S. Home
Coolidge Fort My= Really
$0.00
Coolidge Fort My= Realty
Taylor Woodrow Communities
Apsc
Transeastem PropertieslLandco InvestmenlS
Transeastem Properties/Landco Investments
Stock Development
City of Marco Island
Water Resource Solutions
Mercedes Homes Inc.
U.S, Home
Stock Development
Conier County
Collier Co. Bord of Carom.
Collier County
WCl Communities, Inc.
Stock DevelopmenL
Engle Homes
The Worthington Group
Ryan Sales & Service
M W H Constnlction
M W Johnson Construction
Bonita Bay Group, me.
Collier County Board of Commissioners
U.S. Home-Lennar Corp
U.S. Home
U.S. Home
Wet Communities, Inc.
Elias Brothers Connnunities
Taylor Woodrow
Taylor Woodrow Communities
V crandall Development LLC
Bonita Bay Group
Bonita Boy Group, Inc.
Divosts Homes LP
Divosta Building Corporation
Divosta Building Corporation
Divosta Homes LP
West Bay Club Development
U.s, Home Corp.
Packet Page -475-
3/22/2011 Item 9.A.
Wilson Miner
V...... Paylor
MWH
Heidt Engineering
Heidt Engineering
Heidt Engineering
BlIITllCO & Associates
BanIcs Engineering
Barraco & Associates
Johnson Engineering
Johnson Engineering
Johnson Engineeting
Johnson Engineering
Source, Inc.
Wilson Miller
Johnson Engineering
Johnson Engineering
Johnson Engineering
Johnson Engineering
Heidt Engineering
Barraco & Associates
Barraco and Associates, Inc.
Waldrop Engineering
Cily of Marco Island
Water Resource Solutions
Community Engineering Service, Inc.
Heidt Engineering
Communily Engineering Service, Inc,
Grant Girtman
Metcalf & Eddy
Focus Engineering
Heidt Engineering
Waldrop Engineering
Banks Engineering
Communily Engineering Service, Inc,
Ryan Sales & Service
Hole Mones & Assoc.
Quattrone & Associates, Inc,
Barraco & Associates
Hole Montes & Associates
Banks Eogineering
Banks Eogineering
Banks Engineering
Hole Montes & Associates
RWA, INC.
RWA, INC.
RWA, INC,
Johnson Engineering
$0,00
Johnson Engineering
RWA
RWA, INC.
RWA.INC.
RWA
SO,OO
BanIcs Engineering
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
GLADIOLUS DRIVE WIDENING
Engineer:
LEE COUNTY
1500 MONROE ST,
FORT MYERS, FL. 33901
Contact:
Phone: 239-533-8513 Fax:
239-485-8520
MR. ROBERT PHELAN
Owner:
LEE COUNTY
1500 MONROE ST. 4TH FLOOR
FORT MYERS, FL. 33901
References:
Phone: 239-533-8513 Fax:
MR. MIKE RIGSBY
239-485-8520
Contract Amount:
$18,487.265.00
Cost (Mitchell & Stark actual work) Approx.
$12,000,000.00
Start & Finish Date:
Start date:
Finish Date:
June-08
June-10
Summary of Work: The project involved new construction of roadway and widening of
existing roadway. Substantial utilities relocation and new installation of water
sewer and force main were constructed, Approximately 118.000 syof
asphalt and limerock were installBd, Substantial storm drainage, tum lanes
signalization. box culverts were installed,
Packet Pa ge -476-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
ProjBct Name:
OLD 41 WIDENING
Engineer:
Agnoli Barbara & Brundage
7400 Tamiami Tr. Suite 200
Naples, FI. 33963
Email: ted.trvka@abbinc.com
Contact:
Mr. Ted Tryka P.E.
Phone: 239-597-3111 Fax:
239-498-2726
Owner:
City of Bonita Springs
9101 Bonita Beach Road
Bonita Springs, FI. 34135
References:
Phone: 239-949-6262 Fax: 239-949-6239
Email: iames.me~on@citvotbonitasorinos.om
Mr. James Melton
9101 Bonita Beach Road
Bonita Springs, Fl. 34135
Contract Amount:
$13,613,241,39
Cost (Mitchell & Stark actual work) Approx.
$10,000,000.00
Start & Finish Date:
Start date:
Finish Date:
May-07
SeptBmber-09
Summary of Work: Expand existing two lane road to a 4 lane road under traffic. Project included
utility relocates, box culverts, drainage, earthwork, and road construction.
Packet Page -477-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
PLANTATION ROAD
Engineer:
T. Y. LIN INTERNANTIONAL
2400 First 51. Suite 200
FORT MYERS. FL. 33901
Contact:
MR. BARRY JONES P.E.
Phone: 239-332-4846 Fax:
Owner:
LEE COUNTY
1500 MONROE ST. 4TH FLOOR
FORT MYERS. FL. 33901
References:
Phone: 239-533-8513 Fax:
MR. MIKE RIGSBY
239-485-8520
Contract Amount:
$5.150.851.00
Cost (Mitchell & Startt Bctual wortt) Approx.
$4,100.000,00
Start & Finish Date:
Start date:
Finish DatB:
May-08
October-09
Summary of Wortt: The project involved new construction of roadway and some widening of
existing roadway. Utilities were installed under a separate contract with the
City of Fort Myers, A turn lane improvements were constructed off Colonial
Blvd. Over 51,000 sy of base and asphalt was constructed. The project
included earthwor1<. sound wall, lighting, signalization and storm drainage
and road construction.
Packet Page -478-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
THREE OAKS PARKWAY EXTENSION
Engineer:
SOURCE INC.
1334 LAFAYETTE ST.
CAPE CORAL. FL. 33904
Contact:
MR. TOM PUGH P.E.
Phone: 239-549-2345 Fax:
239-549-6779
Owner:
NORTH ALICO PROPERTY ASSOCIATION
13891 JETPORT LOOP ROAD SUITE 9 & 10
FORT MYERS, FL. 33913
References:
MR. ALLEN FREEMAN
Phone: 239-549-2345 Fax:
239-267-7622
Contract Amount:
$5,870,529.00
Cost (Mitchell & Stark actual work) Approx.
$4,200,000.00
Start & Finish Date:
Start date:
Finish Date:
April-08
October-09
Summary of Work: The project was constructed for Lee County and paid for by the Developer.
MS installed 66,000 sy of base and asphalt. The project was a new four
lane highway. Earthwork, utilities, storm drainage roadwork, signalization
were required. M & S constructed 6400 If of 24 inch water main and
5940 If of 8 inch force main,
Packet Page -479-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
Treeline
Engineer:
Community Engineering Services Inc,
8991 Daniels Center Dr. Suite 103
Fort Myers, FI, 33912
Email: ihadmanQi)oommunitvenaineerinaonltne.com
Phone: 239-936-9777 Fax: 239-936-0064
Contact:
Mr, Jay Hardman P.E.
Owner:
Worthington Communities
9240 Mar1<etplace Road Suite 2
Fort Myers, FI. 33912
References:
Phone: 239-561-4666 Fax: 239-561-4676
Email: Jasher@worthingloncommunities.com
Mr, John Asher P.E.
9240 Mar1<etplace Road Suite 2
Fort Myers, Fl. 33912
Contract Amount:
$14,691,SOO.00
Cost (Mitchell & Start< actual wort<) Approx,
$11,000,000.00
Start & Finish Date:
Start date:
Finish Date:
February-05
November-06
Summary of Wor1<: The project involved construction of four lane road from just north of Daniels Road to just south of
Colonial Road, A portion of the project required us to maintain traffic on existing Treeline while
constructing the new road. A total of 161 ,000 sy of road built under the inspection of a CEI for
Lee County and with Randy Cerchie. The developer built the road for Lee County, In addition to
this work another 55,000 sy of two lane connector road was built.
Packet Page -480-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
ProjBct Name:
Corkscrew Curve
Engineer:
Boyle Engineering
1400 Colonial Blvd. Suite 31
Fort Myers, FI. 33907
Contact:
Phone: 239-931-D455 Fax:
239-931-0456
Mr. Gary Ferrante
Owner:
Lee County
1500 Monroe St.
Fort Myers, Fl. 33901
References:
Phone: 239-479-8573 Fax: 239-479-8520
Emait: cerchirp@leegov.com
Mr. Randy Cerchie
1500 Monroe St.
Fort Myers, FI. 33901
Coonet Amount:
$809,932.00
Cost (Mitchell & Stark actual work) Approx.
$700,000.00
Start & Finish Date:
Start date:
Finish Date:
January-08
July-08
Summary of Work: Project involved constructing new roadway and connecting the road at each end
to existing Corkscrew Road to eliminate a 90 degree turn. Project involved
earhthwork, storm drainage and road work. Mitchell & Stark was required to
provide all Mot and maintain traffic during the contruction of the project.
Packet Page -481-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project NBme:
Mareo Island Sheffield
Engineer:
Boyle Engineering
4415 Metro Parkway Suite 40
Fort Myers, FI. 34145
Contact:
239-278-0913
Phone: 239-276-7996 Fax:
Mr. Coumey Alexander
Owner:
City of Marco Island
50 Bald Eagle Dr.
Marco Island, FL. 34145
References:
Phone: 239-389-5183 Fax: 239-394-8137
Email: rjoel@Cityofmarcoisland.com
Mr. Rony Joel P.E.
50 Bald Eagle Dr.
Marco Island. FL. 34145
Contract Amount:
$6,639,226.00
Cost (Mitchell & Stark actual work) Approx.
$5,800,000,00
Start & Finish Date:
Start date:
Finish Date:
April-08
December-09
SummBry of Work: Project required Installation fo 23,921 If of sanitary sewer in existing roadway thru
residential and major arterial roads. The project also included installation of
foreema!n and related utility relocates, Approximately 85,000 Sy of road
restoration was completed under traffic. Major Mot issues were required for
project as well as keeping existing traffic in service.
Packet Page -482-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
Marco Island Lamplighter
Engineer:
Boyle EngineBring
4415 Metro Parkway Suite 40
Fort Myers, Fl. 34145
Contact:
Phone: 239-278-7996 Fax:
239-278-0913
Mr. Coumey Alexander
Owner:
City of Marco Island
50 Bald Eagle Dr.
Marco Island, FL. 34145
References:
Phone: 239-389-5183 Fax: 239-394-8137
Email: rjoel@cityofmarcoisland.com
Mr. Rony Joel P.E.
50 Bald Eagle Dr.
Marco Island, FL. 34145
Contract Amount:
$4,728,000.00
Cost (Mitchell & Stark actual work) Approx.
$4,000,000.00
Start & Finish Date:
Start date:
Finish Datil:
April-08
DBcBmber-08
Summary of Work: Project required installation to 23,921 If of sanitary sewer in existing roadway thru
residential and major arterial roads. The project also included Installation of
forcemain and related utility relocates. Approximately 60,000 Sy of road
restoration was completed under traffic. Major Mol issues were required for
project as well as keBping existing traffic in service.
Packet Pa ge -483-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
Maroella Lakes
Engineer:
Q. Grady Minor & Assoc.
3800 Via Del Rey
Bonita Springs, FI. 34134
Contact:
Phone: 239-947-1144 Fax:
239-947-0375
Michael Deleate
Owner:
Engle Homes
12550 New Brittany Blvd. Suite 101
Ft. Myers, Florida 33907
References:
239-437-4636 Fax: 239-590-9399
Email: jaycoughlin@englehomBs.com
Jay Coughlin Phone:
12550 New Brittany Blvd. Suite 101
Ft. Myers, Florida 33907
Contract Amount:
$13,103,035.00
Cost (Mitchell & Stark actual work) Approx.
$11,500.000.00
Start & Finish Date:
Start date:
Finish Date:
November-05
August-07
Summary of Work: Project involved the construction of water, sanitary sewer, storm drainage,
2 lift stations, earthworK and roadway for a private development project.
MIS constructed over 47,000 sy of roadway with tum lanes on Livingston
Road and the construction of Green Blvd from Livingston to the entrance
to Marbella Lakes.
Packet Page -484-
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
Treeline I Palimino
Engineer:
Banks Engineering
105511 Six Mile Cypress PKWY
Ft. Myers, Florida 33912
Contact:
Phone: 239-597-2061 Fax:
239-597-3082
David Underhill P.E.
OwnBr:
Engle Homes
12550 New Brittany Blvd. Suite 101
Ft. Myers, Florida 33907
References:
Mr. Jay Coughlin Phone:
12550 New Brittany Blvd, Suite 101
Ft. Myers, Florida 33907
239-437~36 Fax: 239-590-9399
Email: icouahlln@enalehomes.com
Contract Amount:
$3,940,819.00
Cost (Mitchell & Stark actual work) Approx.
$3,190,819.00
Start & Finish Date:
Start date:
Finish Date:
March-05
October-06
Summary of Work: Mitchell & Stark constructed 12,800 LF of 10" & 8" force main, 12,760 LF
24" water main and 12660 LF 12" reuse main. In addition; Mitchell & Stark
installed storm drainage and built 7,630 SY of roadway. Mitchell & Stark was
responsible for 3 directional drills across 1-75. Length of bores was 660 LF
each. The size casings of these drills were 36" and 20"
Packet Page -485-
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3/22/2011 Item 9.A.
2010 EQUIPMENT LIST
EQUIPMENT LIST 2010
BACKHOES LOADER
JOHN DEERE 310D 5-07 CAT 950 L~3
JOHN DEERE 310D B-OB CAT 950 L~
JOHN DEERE 310DT 8-10 CAT 936E L~5
JOHN DEERE 310 D 6-11 CAT 936E L-lI6
JOHN DEERE 310E 8-12 IT 28 CAT L~8
JOHN DEERE 310 E 6-15 IT 28 CAT L~9
JOHN DEERE 310 E 6-16 JOHN DEERE 644G L-10
JOHN DEERE 310 E 6-17 IT38F LOADER L-11
JOHN DEERE 310 E 8-18 JOHN DEERE 624G L-12
JOHN DEERE 310 E 6-19 CAT 938G L-13
JOHN DEERE 310 G 8-21 JOHN DEERE 644G L-14
JOHN DEERE 310E W/HAMMER 8-22 JOHN DEERE 444H L-15
JOHN DEERE 310G 8-23 CAT 928G L-16
JOHN DEERE 310 G 8-24 JOHN DEERE 624 H L-17
JOHN DEERE 310G B-25 JOHN DEERE 544 H L-18
JOHN DEERE 310G 8-26 CAT IT28G L-19
JOHN DEERE 3100 8-27 JOHN DEERE 544H L-20
JOHN DEERE 3100 8-28 JOHN DEERE 544H L-21
JOHN DEERE 3100 8-29 CAT 928 G L-22
JOHN DEERE 3100 8-30 JOHN DEERE 544H L-23
JOHN DEERE 3100 8-31 JOHN DEERE 544H L-24
JOHN DEERE 3100 8-32 JOHN DEERE 544J L-25
CAT 416 4WD B-6 JOHN DEERE 544J L-26
CRANE JOHN DEERE 544J L-27
LORRANNE LRT275 C-01 CAT 924G L-28
AMERICAN 5220 CRAWLER CRANE C-02 JOHN DEERE 544J l-29
CRUSHER JOHN DEERE 544J L-30
PREMIERTRAK JAW CR-01 JOHN DEERE 624J L-31
SCREEN CHIEFTRAIN CR~2 JOHN DEERE 544J L-32
IMPACT TESAB CR-03 JOHN DEERE 544J L-33
POWERSCREEN 800 CR~ VOLVO L70E L-34
GRADER JOHN DEERE 744J L-35
JOHN DEERE 570A GM-D7 CAT 928G2 L-38
720A CHAMPION GM-09 928 CAT lOADER L-39
CAT 135H MOTOR GM-11 CAT 928G2 LOADER L-40
CAT 12 H GM-16 lOADER JD 544J l-41
CAT 12 H GM-17 624.J lOADER WAS LR-172 l-42
CAT 12 H GM-18 JOHN DEER 544J l-43
CAT 12 H GM-19 SKID STEER
CAT 12 H GM-20 CAT MULTI TERRAIN SKID STEER MS-54
CHAMPION GM-21 CAT MULTI TERRAIN SKID STEER MS-55
MOUNTED GENERATORS CAT SKID STEER STOLEN MS-56
SDG25S GENERATORS MOUNTED ON
TRAILER MG-49 CAT SKID STEER MilLER M5-59
SDG25S GENERATORS MOUNTED ON
TRAILER MG-50 SKID STEER LOADER M5-70
SDG25S GENERATORS MOUNTED ON
TRAILER MG-51
SDG25S GENERATORS MOUNTED ON
TRAilER MG-52
Packet Pa ge -486-
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3/22/2011 Item 9.A.
2010 EQUIPMENT LIST
EXCAVATOR EXCAVATOR CONT.
CAT 235C (HAMMER) E'()7 CAT 330 CL E-59
CAT 235-LC E-<l9 CAT 330 CL E-60
EL300 CAT E-10 JOHN DEERE 75C E-61
CAT 225DLC E-11 HITACHI ZX120 E-62
EL300B CAT E-12 JOHN DEERE 330 CLC E-63
CAT 320 E-13 ZX330 HITACHI E-64
JOHN DEERE 992 ELC (HAMMER) E-14 HITACHI ZX225 E-65
JOHN DEERE 992 ELCIHAMMER) E-15 HITACHI Z50U E-66
JOHN DEERE 120 E-16 CAT 321 E-67
JOHN DEERE 450 LC E-18 DOZER
JOHN DEERE 330 LC E-19 CAT D4-H DOZER TRACTOR 0-04
JOHN DEERE 270 LC IHammer} E-20 CATD-6H 0-05
JOHN DEERE 120 LC Ihammeil E-21 JOHN DEERE 750C D-07
JOHN DEERE 450 LC E-22 JOHN DEERE 550G D-09
JOHN DEERE 750 E-23 JOHN DEERE 550G 0-10
JOHN DEERE 270 LC E-24 JOHN DEERE 850 C-WT 0-11
JOHN DEERE 120 E-25 JOHN DEERE 750 C 0-12
JOHN DEERE 450 LC (RAKE) E-26 JOHN DEERE 650 H LGP 0-13
120 JOHN DEERE E-27 JOHN DEERE 850C 0-14
JOHN DEERE 450 LC E-28 JOHN DEERE 850H 0-15
JOHN DEERE 330 LC E-29 JOHN DEERE 650H 0-16
JOHN DEERE 750 E-30 JOHN DEERE 650H 0-17
HITACHI 450 E-31 JOHN DEERE 650H TT 0-18
JOHN DEERE 80 E-32 JOHN DEERE 650H 0-19
JOHN DEERE 36ZTS E-33 CAT D6NLGP 0-20
HITACHI EX20D-5 E-34 CAT D5GLGP 0-21
JOHN DEERE 330 C-LC LONG STICK E-35 JOHN DEER 450G-LGP 0-22
JOHN DEERE 450 C-LC E-36 JOHN DEER 550G 0-23
JOHN DEERE 450 C-LC E-37 JOHN DEER 750C 0-24
JOHN DEERE 450 C-LC E-38 JOHN DEER 700H 0-25
HITACHI ZX450 E-39 JOHN DEER 550G-LGP 0-26
HITACHI ZX450 E-40 JOHN DEER 550G-LGP 0-27
JOHN DEERE 270 CLC E-41 JOHN DEER 650J TT 0-28
HITACHI ZX450 E-42 CAT D6R-LGP 0-29
HITACHI ZX450 E-43 CAT D6R-LGP 0-30
JOHN DEERED 500 COMPACT E-44 CAT D6R-LGP 0-31
JOHN DEERE 120C E-45 CAT 06R IILGPP 0-32
HITACHI ZX450 E-46 JOHN DEER 700H 0-33
HITACHI ZX450 E-47 DOZER CAT OaR LGP 0-34
HITACHI ZX450 E-46 JD 450J TT 0-35
JOHN DEERE 450CLC E-49 450J LGP CRAWLER TT 0-36
HITACHI ZX800 E-50 450J LGP CRAWLER TT 0-37
HITACHI ZX800 E-52 450J LGP CRAWLER TT 0-38
JOHN DEERE 120C E-53 -"-- JD 750J TT D-39
ZX120 E-54
JOHN DEERE 50D-ZTS E-55
HITACHI ZX800 E-56
HITACHI ZX120 E-57
JOHN DEERE 270C E.58
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MISC. EQUIPMENT
RA YGO ASPHALT MACHINE
LEEBOY TACK TANK WIRECYCLER
SULLIVAN AIR COMPRESSOR CFM 185
LEAK DETECTOR
LANDSCAPE RAKE
CAT SCRAPER 613C
CHERNE TEST MACHINE
MUELLER DRILL TAP
CASE FORKLIFT
INDECO HAMMER
INGERSOLL RAND AIR COMPRESSOR
"U I ,L1ULt:
"AI m"
~AI~
~
'U!:LIA~
;
AIM!:"'''
UI"" ,
"""
L1C;HT~
~1UH
INDECO HYDRAUliC HAMMER
ZIPPER IT ASHPALT GRINDER
INDELCO HAMMER
AERIAL LIFT
EARTHWORK BOAT (TRACKER)
JD LONG REACH ARM WIBUCKET 64'
CAT SKID STEER CRAWLER
CAT SKID STEER CRAWLER
TANKS
FUEL TANK - 3000GAL
FUEL TANK - 10,000 GAL
FUEL TANK 10,000
FUEL TANK 500 - NORTH SHOP FUEL
FUEL TANK 1,000- WASTE OIL
FUEL TANK 1,000
FUEL TANK 1,000
FUEL TANK 1,000
FUEL TANK 500
WATER TANK 500 --~-~ -
TRAFFIC SIGNAL
TRAFFIC SIGNAL TRAILERS
TRAFFIC SIGNAL TRAILERS
TRAFFIC SIGNAL TRAILERS
TRAFFIC SIGNAL TRAILERS
TRAFFIC SIGNAL TRAILERS
TRAFFIC SIGNAL TRAILERS
3/22/2011 Item 9.A.
2010 EQUIPMENT LIST
TRACTORS
M-Ol FORD 2600 TRACTOR BLUE BROOM 0-01
M-03 N. H. 2WD BROOM TRACTOR 3930 0-04
M-04 FORD TRACTOR BOX 3930 0-05
M-06 FORD TRACTOR YELLOW BROOM 250 C 0-06
M-08 FORD TRACTOR 7840 0-07
M-l0 BROCE BROOM TRACTOR BB250B 0-08
M-13 BROCE BB2SO BROOM 0-09
M-14 MASSEY FERGUSON BROOMIBOXBLADE 0-10
M-17 OFF ROAD
M-18 VOLVO OFF ROAD 25C OT-12
M-19 VOLVO OFF ROAD 25C OT~
M-20 IVO~N1: OADIORuPBoXUU1J 01-
M-Ll 01-
M-22 UI-
M-L~ ~4 01-30
M-24 10. ~ UI-~l
M-Lb .i:)N~ gg=
M-26
M-<!T ODTC :')1-34
M-28 IL~ UI-~b
M-<!1I ~LINm== JI-~~
~ UI-~(
E::E :'IT-JB
M-: UI-~1I
M-; Jl-4U
~ -4:
M-45 IVI I~~ -4,--
M-4b -4
M-47 lA4Uu ION' " -40
M-48 VOLVO A40D TON OFF ROAD OT-46
M-53 VOLVO MOD TON OFFROAD OT-47
M-57 VOLVO A40D TON OFFROAD OT-48
M-58 VOLVO ARTIC TRUCK A40D OT-49
M-60 VOLVO ARTIC TRUCK MOD OT-SO
M-61 VOLVO ARTIC TRUCK MOD OT-51
M-62 SPECIALTY TRUCKS
M-63 INTERNATIONAL flat bed T-10
MACK TRACTOR T-11
MT-12 MACK DUMP TRUCK T-19
MT-15 FREIGHTLINER FUEL TRUCK new meter T-20
MT-36 MACK DUMP TRUCK T-23
MT-37 INTL. 7300 TRUCK T-25
MT-38 INTL. VAC TRUCK 1992 T-26
-
MT-39 MACK TRACTOR 1996 T-28
MT-40 FORD L-OOOO TRUCK T-30
MT-41 CHEVY 3500 DRW CAMERA TRUCK T-31
MT-42 VAG-CON SEWER CLEANER INTL T-34
MT-43 VAG-CON SEWER CLEANER FORD T-35
SEMI STERLING LOWBOY T-36
MTS-64 MACK - FUEL TRUCK T-37
MTS-65 INTL Lube TRUCK 2201 T-38
MTS-66 MACK DUMP TRUCK T-39
MTS-67 MACK DUMP TRUCK T-40
MTS-68 MACK DUMP TRUCK T-41
MTS-69 MACK DUMP TRUCK T-42
MACK GRANITE TRUA DUMP TRUCK T-43
DIESEL INT. DUMP TRUCK T-44
MACK DUMP TRUCK T-45
MACK DUMP TRUCK T-46
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ROLLER
INGERSOLL RAND SINGLE DRUM VIB
BOMAG DOUBLE DRUM
BOMAG DOUBLE DRUM
BOMAG 2120-2
HYPAC C530AYH
IIR SO 10006
BOMAG BW124PDB
IR ROLLER SO 1 DO-O
IR ROLLER SO 400
IR ROLLER SO 100DB
IR ROLLER SO 400
IR ROLLER 400
BOMAG 2120-3
BOMAGBW 2130
IIR SD-40D SINGLE DRUM
IIR SD-40D SINGLE DRUM
IIR SD-40D SINGLE DRUM
IIR SD-40D SINGLE DRUM
IIR SD-400 SINGLE DRUM
IIR SD-40D SINGLE DRUM
IIR SD-40D SINGLE DRUM
IIR SD-40D SINGLE DRUM
IIR SD-l OOTSF ROLLER
IIR SD40D ROLLER
HERTZ ROLLER SD-40D
BOMAG ROLLER 2110
BOMAG ROLLER 21304
BOMAG ROLLER 2130
DOUBLE DRUM WALK
DOUBLE DRUM WALK
DOUBLE DRUM WALK
DOUBLE DRUM WALK
DOUBLE DRUM WALK
DOUBLE DRUM WALK
BOMAG 135AO
2010 EQUIPMENT LIST
R-654
R-656
R-657
R-660
R-661
R-662
R-663
R-664
R-665
R-666
R-667
R-668
R-669
R-670
R-671
R-672
R-673
R-674
R-675
R-676
R-677
R-678
R-679
R-680
R-681
R-682
R-683
R-684
R-685
R-686
R-687
R-688
R-689
R-690
R-691
TRAILER
GREAT DANE HIGH TRAILER
BROWN SEMI TRAILER
TILT BACK TRAILER
WITZCO LOWBOY TRAILER
STORAGE TRAILER -DOR
PACE AMERICAN TRAILER
MOBILE OFFICE
STORAGE TRAILER
STORAGE TRAILER
PUP TRAILER
STRICK TRAILER
STRICK TRAILER
BEAVER TRAILER
HOMEMADE Tandem
FREUHAUF SEMI-TRAILER
HOMEMADE
HOMEMADE
HOMEMADE AIR TEST
HOMEMADE (MITCHELL SMALL
MARK TRAILER
99 INTS
UNIT
TRAIL EZ LOWBOY TRAILER
TRAILER TRL HAMERHEAO
Trail EZ LOWBOY TRAILER Black
FONTAINE SPECIALIZED TH55-4
GOOSENECK TRAILER (MITCHELL)
CARGO TRAILER
TV REPAIR TRAILER
WILLIAMSON TRAILER used wlth 1.1-53
TRENCH BOX 000 WIKNIFE-EDGE
TRENCH BOX 000 WIKNIFE-EDGE
VACCON TRUCK
Packet Pa ge -489-
3/22/2011 Item 9.A.
TL-D1
TL-03
TL-lJ6
TL-D7
TL-08
TL-09
TL-10
TL-11
TL-12
TL-13
TL-15
TL-16
TL-18
TL-19
TL-2
TL-20
TL-21
TL-22
TL-23
TL-24
TL-25
TL-26
TL-27
TL-28
TL-29
TL-30
TL-31
TL-32
TL-33
TL34
TN0360
TN0361
TR-198
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3/22/2011 Item 9.A.
BONDING COMPANY INFORMATION FOR MITCHELL & STARK CONST, CO. INC,
BONDING COMPANY NAME: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
CONTACT PERSON MR. ANTHONY ORTMAN
ADDRESS 9229 DELEGATES ROW SUITE 300
INDIANAPOLIS, INDIANA 46240
TELEPHONE NUMBER 317-816-4874 EXT. 4882
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3/22/2011 Item 9,A.
T AS III
COST OF SERVICES TO THE COUNTY
,
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3/22/2011 Item 9.A.
project experience shall be restricted to those assignments undertaken within the last fIVe (5)
years. Include a list of projects that were performed in the County's roadways. Higher points
will be given to those Proposers who demonstrate a current work history of
maintaining/constructing County/State arterial roadways and experience in Maintenance of
Traffic (MOT). Provide a narrative of the Proposer understanding of the overall intent of the
services. Identify any issues or concems of significance that may be appropriate.
Should subcontractor(s) be listed as a part of the project team, the Proposer shall provide a
letter from each subcontractor that indicates the subcontractor's intent to be a part of the
project team. Proposals submitted without the referenced letter(s) may result in the
subcontractor's qualifications being eliminated from the review process.
Proposer's ability to provide a complete proposal will be considered representative of the firm's
responsiveness. Points will be deducted under this item for failure to submit all information as
requested in this RFP.
3) Tab III, Cost of Services to the County (Maximum 15 Points)
Provide hourly rates listed below:
Cost per hour per employee for regular business hours Monday through Friday,
8:00 a.m, to 5:00 a.m.
Foreman/Suoervisor ('0 SS! oer hour
Skilled Worker 3 o~ oerhour
General Labor '2..< ':"" oer hour
Percentage of mark-up over actual5st for materials and
parts as per example: I %
Example: Parts invoice Total $1,200 + 35% Markup =
$1,620 Actual Price for materials and Darts
Cost per hour per employee for
OvertimB and Weekend Hours
ForemanlSuoarvisor f.O.OD oer hour
Skilled Worker "to.OD oar hour
General Labor 3 0 . oc, oer hour
Foreman's per hour rate + 2 general laborer's
rate + ($1,000 [cost of parts] + % mark-up) =
bid for ouroose of evaluation.
Awarded vendor will be required to abide by the rates provided above,
4) Tab IV: Staff/Subcontractors Credentials (Maximum 20 PointslMaximum 15 Pages): In
this tab, include:
. Description of the proposed contract team and the role to be played by each member of
the proposed team.
. Detailed plan of approach.
. The Proposer shall include the name, title, address and telephone number of persons who
will both manage and be assigned to perform services under the proposal. Brief
RFP 10-5450
7
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3/22/2011 Item 9.A.
TAB IV
STAFF/SUBCONTRACTORS CREDENTIALS
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3/22/2011 Item 9.A.
ST AFF/SUBCONTRACTORS CREDENTIALS
L.D. Neal P.E. is responsible for our earthwork and road construction crews. L.D. has
extensive experience in road construction and has managed many difficult road projects.
We have two superindents that work under the direction of L.D. Neal and 5 road crew
fore man. We own a complete fleet of equipment for these crews. We perform all road
work with the exception of concrete work, sign and striping and asphalt paving. We do
own a paving machine and do some paving work but typically subcontract this work out
to Apac or Better Roads. The concrete work is subcontracted to Curb Systems and the
sign and striping is typically subcontracted to Roadsafe. By providing a large volwne of
work with these subcontractors and building a good relationship with them we get good
service from them and their quality of work is the best in the industry in Southwest
Florida,
L.D, Neal and David Scafidi would be the project managers for the work proposed in this
RFP. Their contact information is as follows:
Contact: L.D. Neal P.E,
Phone: 239-597-2165 Ext. 23
Mobile Phone: 239-572-0152
Emai1: Idnealialmitchellstark.com
Title: Vice President of Earthwork and Roads
Address: 6001 Shirley St.
Naples, Fl. 34109
Contact: David Scafidi
Phone: 239-597-2165 Ext. 27
Mobile Phone: 239-571-5638
Email: dscafidila2mitchellstark.com
Title: Vice President of Utilities
Address: 6001 Shirley St.
Naples, Fl. 34109
David and L.D. report to Brian Penner. Brian would provide support to L.D. and David
and is available to the owner to handle any issues that arise.
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3/22/2011 Item 9.A.
Contact: Brian Penner
Phone: 239-597-2165 Ext. 25
Mobile Phone: 239-572-0154
Email: boenner(a);mitchellstark.com
Title: CEO
Address: 6001 Shirley St.
Naples, PI. 34109
References for L.D. Neal
James Melton
City of Bonita Springs
PH.: 239-949-6246
Email: iames.meltonial.citvofbonitasnrinl!S.orl2.
Ted Tryka P.E.
Agnoli Barbara & Brundage
PH: 239-597-3111
Email: ted.trvka(aJ.abbinc.com
Randy Cerhie
Lee County
PH:239-479-8573
Email: cerchilp@lee~ov.com
References for David Scafidi:
Steve Ritter
Collier County Transportation Services Division
PH:239-252-8192
Email:steveritter@coIliergov.net
Randy Cerhie
Lee County
PH:239-479-8573
Email: cerchiroial.leegov.com
Chris Hasty
Pulte Homes
PH: 239-498-7711
Email: chris.hasty@pulte.com
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3/22/2011 Item 9.A.
The project manager would be the contact for Collier County. He would handle
administration of the contract, pricing, schedules, pay estimates, and would be the main
contact for Collier County. The project managers would visit the site at least once a
week. A road superindent would visit the site daily, He is to review the progress of the
road foreman, look at safety and Mot issues, communicate with any Collier County
employees that are onsite and assist the road foreman. A road foreman would be assigned
to the project. He would be onsite everyday and is responsible for the construction of the
project. 1.D. Neal Vice President of Earthwork and Roads would be available to assist in
resolving any issues concerning the road project. Collier County could contact Brian
Penner concerning any issue.
Mitchell & Stark has a full time safety director. He will conduct inspections for each job.
He will review and inspect MOT operations.
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3/22/2011 Item 9.A.
BRIAN R, PENNER
Education:
B.S. Accounting
Indiana University
Licenses:
Underground UtilitylExcavation Contractor
Fire Protection V License
Professional
AfflUallons:
Southwest Florida Utility Contractors Association
(Past President), Member of A WW A
Experienee: Mr. Penner bas been with Mitchell & Slark since 1985. During this time he has held various
positions in the field and as project manager, He has been Vice President in charge of the Naples, Florida
office since ]986. He has been responsible for water and wastewater treatment plants, sanitary sewer,
wotermain, storm drainage, earthwork, golf course consbUction and bridge projects.
Mr. Penner has served as a consultant with engineering firms to review designs for constructability and
economics of construction.
Selected Experience: Mr, Penner's major project experience includes:
Marco Island, Floride - ConsbUction of I MGD expansion of wastewater plant in extremely limited space
and within 0 200 day construction time frame. ($2,828,000)
Marco Wand, Florida - ConsbUction of new odor control facility at the wastewater treatment plant.
($759,000)
CoUler Couuty, Florida - ConsbUction of ] I wells, ] 4000 linea] feet of raw watermain and two control
buildings, ($1,326,524)
Marco Islend, Florida - ConsbUction of new generator facility and buildings for the Marco Island
Wastewater Treatment Plant. ($888,652)
Marco Island, Florida - Con.bUction of 2300 lineal feet of 16" effluent main hung on the Marco River
Bridge. ($510,000)
Nap]es, Florida - Conslruction of a water, sanitary sewer, storm drainage and reconstruction of roads in
existing, highly populated Pine Ridge lndustrial Park. ($5,653,000)
Cape Coral, Florida - Construction of 17000 lineal feet of stonn drainage in the downtown Cape Coral
roadway while maintaining traffic and allowing businesses to remain opened, ($2,146,950)
Naples, Florida - Construction of over 60,000 lineal feet of foreemain, watermain and effluent main
ranging to 24" pipe. ($2,433,540)
Naples, Florida - Construction of over 100,000 lineal feet of forcemain and effluent main ranging to 24"
pipe. ($3,036,094)
N epics, Florida - Construction of a new master pump station immediately adjocen1 to existing pump
station and construction of 18,000 lineal feet to forcemain through Pelican Bay. ($1,856,000)
Collier, County, Florida - Designlbuild contract for a WTP at Pon oflslands. ($221,995)
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3/22/2011 Item 9.A.
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DAVID C. SCAFIDI
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Educatiou:
B.S. Civil Engineering
Temple University
Professional
AiT'iliations:
American Society of Civil Engineers
American Society of Highway Engineers
Southwest Florida Utility Contractor's Association (Past President)
Contractor's Association ofEastem Pennsylvania
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Experience: David has been 0 project manager at Mitchell & Stark since 1999. He has been responsible for the
administration and construction of various multi-million dollar contracts. His projects have included treatment plant
modifications, re-use water pump stations, raw water well field systems, sanitary sewer force main and gravity
systems, potable water, re-use water & Urigation water systems, storm drainage systems, aerial utility crossings,
sheeting & shoring, roadway, bridgc construction and site development. David's primary expertise is Wlderground
utihty construction and he oversees and manages much of our Florida underground utihty construction, He bas
extensive experience in bidding and managing construction contracts wolking both in conjunction with or directly
for owners, contractors, utihties, transportation departments, construction managers and engineers.
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Partial Contract Experience:
Cepe Coral, Florids- Construction of 44, 000 If of water main thru existing residential area. Pipe sizes range from 8
inch to 36 inch, Aerial crossings and directional drilling under existing canals were included. ($11,387,474.00)
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Fort Myers, Florida - Construction four lane Treeline from just north of Daniels Rood and South of Colonial Blvd.
Project included over 56,000 If of utility installation with pipe sizes ranging from 6 inch to 24 inch. (J4,98 I ,766)
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Sanlbcl Island, F1orido _ Construct new reclaimed water sys1em and sanitary sewer system expansion for the City
of Sanibellsland. Project iocluded construction of a new reclaim water pumping station, installing 16 miles of 8-inch
through 16-inch PVC reclaim and sanitary force mains, installing 1 mile of deep gravity collection sewers, 2 DUlSter
pump stations and a Bio-way odor control system. ($ 7,500,000)
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Neples, Florida - Goodlene-Frank Rood Widening; Utility and drainage improvements. Project included 22000 If
of 15" thl1l 78" RCP drainage, 12000 If of 24" Water Main, 16000 If of 24" & 16" Force Main, 7000 If of 20"
Effluent Main and approximately I SO new drainage structures. ($5,400,000).
Naples, Florida - Construct new raw water well field piping system for the Collier County NCR WTP. Project
included 4 miles of 1 8-inch HDPE piping with connections to nine wells. ($ 1,900,000)
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Naples, Florida - Construct reclaimed water main system for Collier County PUED in advance of new road
consttuction. Project included 2.5 miles of 20-inch PVC piping. ($650,000)
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Bonita Springs, Florida - Construct new water and force main system inside existing San Carlos Estates sub-
division for Bonita Springs Utilities. Project included 20 miles 4-inch through 24-inch PVC piping and 2 jack &
bores, ($ 3,800,000)
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Bonita Springs, F10rida _ Construct new Raw Water & Force Main Pipe Line connecting existing and new wellfield
to new RO water plant. Project included 4 miles of30" thru 10" HDPE pipe and four 42" directional bores under 1-
75. ($ 5,600,00,00)
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3/22/2011 Item 9.A.
Bonita Springs, Florida - Construct new gravity sewer collector system and re-construct potable water main system
inside existing Rosemary Pork !lIIb-division for Bonita Springs Utilities, Project included 5 miles of 8-inch gravity
sewer.;, 3 pump stations and 5 miles of sanitary and potable water force main. ($3,200,000)
Bonita Springs, Florida - Construct site utilities and roadways for new Lighthouse Bay subdivision developed by
Touchstone Homes of SW Florida. Project included 1,5 miles of 8-inch gravity sewen;, I pwnp station, 2 mile. of
potable water and sanitary force mains, I mile of 15-inch through 48-inch RCP storm drainage, 2.5 miles of new
road consln1ction including a new Conspan bridge, ($ 1,800,000)
Estero, Florida - Complete site development for new Rookery Pointe subdivision developed by Keystone Custom
Homes of SW Florida. Project involved improvements to a 120 acre tract of raw land including lake excavation,
earthwork for future homes and roads, 2 miles of gravity sewer.;, 3 pwnp stations, 2.5 miles of potable and sanitary
force mains, 1.5 miles of 15-inch through 48-inch RCP storm drainage and road construction. ($ 2,800,000)
Fort Myers, Florida - Construct site utilities and roadways for new Renaissance subdivision developed by The
Worthington Group. Project included 2.5 miles of 8.inch gravity sewer, 3 pump stations, 4.5 miles of 4-inch through
12-inch potable and sanitary force mains, 4.5 miles of 15-inch through 48-inch RCP storm drainage and road
construction. ($ 3,400,000)
Bradenton, Florida - Construct site utilities for new Heritage Harbour subdivision developed by the U.S, Home
Corporation. Project included 4 miles of S-inch, 10-inch and 15-inch gravity sewer, 2 pwnp stations, 13 miles of 4-
inch through I 6-inch potable water, irrigation and sanitary force mains and 2.5 miles of 15-inch through 6O-inch
RCP stonn drainage. ($ 4,100,000)
Allentnwn, Pennsylvania - Construct site utilities for new Nestle Corporation distribution filcility, Project included
a permanent creek diversion, 1.5 miles ofpre-castS' X 12' reinforced box culvert, 15-inch through 72-inch RCP
stonn drainage and S-inch through 12-inch ductile iron water and fire mains. ($ 2,750,000)
City of Philadelphia, Pennsylvanla- Construct new "Streetcape" project for the City of Philadelphia in conjunction
with the newly opened PeDIlSylvania Convention Center. Project involved full-width re-consln1ction of 20 city blocks
located in downtown center city area. Project included extensive maintenance of traffic, new roadways, drainage
improvements, reconstruction of existing low pressure and high pres...".e water mains, reconstruction of existing
brick sewers with RCP and cBSt-in-place box sewers, new street lighting and traffic signalization, decorative paving
and landscaping. ($ 7,500,000)
City of Philadelphia, Pennsylvania - Constroct new "Streetscape" project for the Center City District in
conjunction with the City of Philadelphia, Project involved improvements to a 25 block by 5 block area located in
the downtown center city area. Project included extensive maintenance of traffic, installation of 2000 new street
lights, 25 miles of underground electrical conduit, construction of reinforced concrete vault roofs, new granite
curbing and handicap ramps, new decorative concrete and brick pavements and landscaping improvement.. (
$8,700,000)
City of Philadelphia, Pennsylvania - Relocate existing water mains for the Philadelphia Water Department to
provide for rail yard expansion at an Amtrak facility. Project involved excavation, removal and replacement of 48-
inch ductile iron water main, fillings and valves, ( $ 850,000)
City of Philadelphia, Pennsylvania - Reconstroct existing storm water outfall to the Delaware River for the
Philadelphia Water Department Project included excavati on, sheeting and shoring with steel soldier beams with
wood lagging, steel sheet pile cofferdam, timber piles with cast in place reinforced concrete pile cap, cast in place 6'
X ] 0' reinforced concrete box culvert and new tide gate. ( $ 3,500,000)
Bucks County, Pennsylvania - Construct 1.5 mile section of arterial roadway for Pennsylvania Department of
Transportation. Project included clearing, earthwork, wetland mitigation, pre-cast box culvert, gabion retaining
walls, utility relocation, new roadway and traffic signalization. ( $ 2,200,(00)
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3/22/2011 Item 9.A.
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LEO DERRICK NEAL, P.E,
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Edncation:
B.S. Civil Engineering
University of Florida 1984
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Professional
Registration:
Professional Engineering No. 42015, Florida
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Experience: Mr. Neal has been a project manager with Mitchell & Stark since September of 1996. He has
been responsible for road, utility and earthwork projects ranging to 18 million dolllU'S. He has worked on
public work and private development projects. Previously Mr. Neal worked for a large paving and
earthwork contractor in whicb he managed many paving and earthwork projects. With Mitchell & Stark he
has managed large road projects, earthwork projects, sewer, water, storm drainage, and golf course
projects.
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BonitaSprings, Florida - Construction of widening of Old 41 thro Bonita Springs. ($13,926,106)
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Fort Mye", Florida- Construction of new road to eliminate curve in road in JUrlll Lee County.
($819,985.00)
Estero, Florida - Construction of four land Coconut road from US 4 I to Three Oaks Parkway
($2,231,000)
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Naples, Florida - Construction of 84 inch, 72 inch RCP and various other size storm drainage in a
residential area. ($2,821,800)
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Naples, Florida - Construction of lakes, water, storm, drainage, sewer and roads in the environmentally
sensitive Whittenberg Developmenl, ($1,096,500)
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Bonita Springs, Florid. - Construction of master pump station including generator and odor control
"orange peel" method and 18000 LF of force main. ($842, I 00)
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Bonita Springs, Florida. Construction of 24 inch force main and water, sewer and storm drainage for a
residential development. ($749,500)
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Lehigh, Florida - Construction of 13000 LF of watermain and forcemain in congested area during Lee
County's Lee Blvd, road project. ($660,000)
Estero, Florida - Construction of water, sewer, storm drainage, lined lakes, earthwork and four lane road.
($2,321,900)
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Estero, Florida . Construction of and 18 hole golf course and over one million yards of e"cavation
included all utility and road work, ($5,200,000)
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Estero, Florida - Construction of appro"imately 2 miles of four lane roadway with the associated water,
sewer and stonn drainage at Spring Run. ($3,785.000)
Estero, Florida - Construction of all earthwork and storm drainage for the West Bay Club Golf Course.
($2,167,000)
Estero, Florida - Construction of nine pump stations, 14,700 LF of sanitary sewer. 8,900 LF of storm
drdinage, 21,000 LF ofwatermain and 20,000 LF of roadway for the West Bay Club. ($3,200,000)
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Estero, Florida - Construction of Williams Road including I mile of roadway, 5,600 LF of 16" watennaio,
9,500 LF of 12" forcemain, 9,800 LF of 12" watennain and bridge crossing. ($ 1,200,0(0)
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3/22/2011 Item 9.A.
L10vd Neal
Experience:
Superintendent with Mitchell & Stark Construction since September 1997. Responsible
for construction of various multi-million dollar projects involving traffic control,
coordination with home owners, road and bridge construction, earth work and wetland
construction. Also has a competent person certificate.
Partial Contract Experience:
Old 41:
Expand existing two lane road to a four land road under traffic. Project included utility
relocates, box culverts, drainage, earthwork: and road construction, This project had
105,653 sy of 1 inch S-lll asphalt, 96,032 SY of Sol asphalt 300 ton of ABC-36 inch
group asphalt.
Contract $13,926,106,
Treeline Roadway:
The project involved construction of four land road from just north of Daniels Road to
just south of Colonial Road. A portion of the project required us to maintain traffic on
existing Treeline while constructing the new road. A total of 161,000 sy of road built
under the inspection of a CEI for Lee County and with Randy Cerchie. The developer
built the road for Lee County. In addition to this work another 55,000 sy of two lane
connector road was built. Asphalt installed included 155,630 sy of Sol 2.5 inch sand
161,853 sy of S-Ill for the main road and for the connector road 55,000 sy S-lll 1.5
inches.
Contract: $14,981,766
Corkscrew Road:
Project involved constructing new roadway and connecting the road at each end to
existing Corkscrew Road to eliminate a 90 degree turn. Project involved earthwork,
storm drainage and road work. Mitchell & Stark was required to provide all MOT and
maintain traffic during the construction of the project. Asphalt installed was 8,533 sy 2.5
inch Sol, 1311 sy 1.5 inch Sol,
Contract: $809,932
Verandah:
Project involved 248 acres of clearing, 1,400,000 cy of excavation, wetland berms,
wetland plantings,utilities and storm drainage.
Contract: $10,000,000.00
Bonita Adult Living:
Project involved 90 acres of clearing, 700,000 cy oflake excavation, protection of
wetlands.
Contract: $2,800,000
Heron Glen Earthwork:
Project involved 90 acres of clearing, 1,200,000 cy of excavation, wetland berms,
wetland plantings, and mitigation work.
Contract: $5,800,000
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3/22/2011 Item 9.A.
TAB V
CORPORATE EXPERIENCE AND CAPACITY
CURRENT WORKLOAD
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3/22/2011 Item 9.A.
CORPORATE EXPERIENCE AND CAPACITY OF WORKLOAD
Our current work load will have no effect on our ability to perform the work proposed
with our existing contracts, We are actively seeking new road projects so we can keep our
existing crews employed.
Mitchell & Stark has employed some of the most qualified people in the road
construction industry. We are constantly training our employees so they can become
better at their jobs. Our management team has a great deal of experience in road
construction and is technically sound and are knowledgeable in all the rules and
regulations. Our employees along with our subcontractors have successfully constructed
more roadways in Southwest Florida than any other contractor in the last four years. The
construction of Tree line Ave and Old 41 Road Widening proves we can construct
difficult projects on time on budget.
We have over 55 years of construction experience. We have one of the largest fleet of
equipment in Southwest Florida. We have bonded with the same bonding company for 55
years. We can provide bonds for projects over thirty million dollars. We are strong
financially and have good relationships with our suppliers and subcontractors.
Our utility experience and our own utility crews give us an advantage over many
contractors. Many times on road project the utility portion of the project has a major
impact on the project. Our knowledge and expertise in this area allows us to coordinate
this work and make the project run smoother. Mitchell & Stark is currently on Collier
County's annual contract for underground utilities.
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3/22/2011 Item 9.A.
STATEMENT OF RESPONSIVENESS
Our offices are located at 6001 Shirley St., Naples, FL 34109 and 9009 High Cotton
Lane, Fort Myers, Florida 33905, We have numerous personnel that live in Collier and
Lee County. Our equipment is located at many projects and our offices throughout
Collier and Lee County. The total number of employees located in Florida is
approximately 250.
Mitchell & Stark has a system in place to handle emergency work with home phone
numbers of our employees, supply houses and equipment dealers. We maintain a well
stocked supply of materials for repairs and other work. We receive calls from city,
county, private utility companies and supply houses looking for materials. A major
portion of our work is in Collier County, therefore, we have equipment throughout
Collier County which can be available for emergency work on Marco Island.
Our response time to emergency situations is known throughout the industry to be
excellent. Proposals can normally be prepared within a matter of days dependent upon
the scope of work and materials required.
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3/22/2011 Item 9.A.
TAB VI
CUSTOMER AND REFERENCE LISTING
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3/22/2011 Item 9.A.
ROADWAY REFERENCES
1.
KCCS
1400 Colonial Blvd. Suite 260
Fort Myers, F1. 33907
Attn: Mr. John Acuti
Ph. 239-278-5999
Jacuti@kisingercampo.com
2,
Lee County
Department of Transportation
1500 Monroe St
Fort Myers, Fl. 33901
Attn: Mr. Randy Cerchie
Ph. 239-533-8573 Fax 239-479-8520
Email: cerchiI.DCalleel!ov.com
3.
City of Bonita Springs
Public Works
9101 Bonita Beach Road
Bonita Springs, FL. 3413 5
Attn: Mr. James Melton, Senior Project Manager
Ph. 239-949-6246 Fax 239-949-6239
Email: James.Melton@CityofBonitaSprings.Org
4,
City of Marco Island
50 Bald Eagle Drive.
Marco Island, FL 34145
Attn: Mr. Rony Joel P.E. DEE Public Works Director
Ph.239-389-5183 Fax 239-394-8137
rioelCalcitvofmarcoisland.com
5.
Collier County Transportation Services
2885 Horseshoe Drive South
Naples, Florida 34104
Attn: Mr, Steve Ritter
Ph.239-572-8192 Fax 239-252-5771
Email: steveritter@colliergov.net
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3/22/2011 Item 9.A.
PUBLIC AGENCIES REFERENCES
1.
City of Marco Island
50 Bald Eagle Drive.
Marco Island, FL 34145
Attn: Mr. Rony Joel P.E. DEE Public Works Director
Ph.239-389-5183 fax 239-394-8137
Ijoel@cityofinarcoisland.com
2.
Lee County Utilities
1500 Monroe St.
Fort Myers, Fl. 33901
Attn: Mr. Tom Hill
Ph. 239-533-8181
Email: hillta(aJ.leegov.com
3,
City of Bonita Springs
Public Works
9101 Bonita Beach Road
Bonita Springs, FL. 34135
Attn: Mr. James Melton, Senior Project Manager
Ph. 239-949-6246 Fax 239-949-6239
Email: James.Melton@CityofBonitaSprings.Org
4.
Gateway Services Community Development District
13240A Griffin Drive
Fort Myers, FL 33913
Attn: Mr. Terry Hanlin, Director of Operations
Ph, 239-872-7906 fax 239-561-1350
Email: gscdd@earthlink.net
5.
Collier County
Public Utilities Engineering Department
3301 East Tamiami Trail
Naples, FL 34112
Attn: Ms. Karen Guiliani P.E., Project Manager
Ph. 239-417-6083 fax 239-530-6460
Email: KarenGuiliani@colliergov.net
6.
Bonita Springs Utilities, Inc.
11860 East Terry Street
Bonita Springs, FL 34135
Attn: Mr. Mel Fisher, Director of Operations
Ph. 239-390-4825 fax 239-390-4925
Email: mfisher@bsu.us
,
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3/22/2011 Item 9.A.
7
Greater Pine Island Water Association, Inc.
5281 Pine Island Road
Bokeelia, FL 33922
Attn: Mr. William J. Thacher, General Manager
Ph. 239-283-1071 fax 239-283-7792
Email: wthacher@oineislandwater.co
8.
Lee County
DepancrnentofTransportation
1500 Monroe St.
Fort Myers, Fl. 33901
Attn: Mr. Randy Cerchie
Ph. 239-479-8573 Fax 239-479-8520
Email: cerchirolalleegov.com
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
GLADIOLUS DRIVE WIDENING
Engineer:
LEE COUNTY
1500 MONROE ST.
FORT MYERS. FL. 33901
Contact:
Phone: 239-533-8513 Fax:
239-485-8520
MR. ROBERT PHELAN
Owner:
LEE COUNTY
1500 MONROE ST, 4TH FLOOR
FORT MYERS, FL. 33901
References:
Phone: 239-533-8513 Fax:
MR. MIKE RIGSBY
239-485-8520
Contract Amount:
$18,487,265.00
Cost (Mitchell & Stark actual work) Approx.
$12,000,000.00
Start & Finish Date:
Start date:
Finish Date:
June-08
June-10
Summary of Work: The project involved new construction of roadway and widening of
existing roadway, Substantial utilities relocation and new installation of water
sewer and force main were constructed. Approximately 118,000 syof
asphalt and Iimerock were installed. Substantial storm drainage, turn lanes
signalization, box culverts were installed.
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
THREE OAKS PARKWAY EXTENSION
Engineer:
SOURCE INC.
1334 LAFAYETTE ST.
CAPE CORAL, FL. 33904
Contact:
Phone: 239-549-2345 Fax:
239-549-0779
MR. TOM PUGH P,E.
Owner:
NORTH ALlCO PROPERTY ASSOCIATION
13891 JETPORT LOOP ROAD SUITE 9 & 10
FORT MYERS, FL. 33913
References:
Phone: 239-549-2345 Fax:
239-267-7622
MR. ALLEN FREEMAN
Contract Amount:
$5.870,529.00
Cost (Mitchell & Stark Bctual work) Approx.
$4.200.000.00
Start & Finish Date:
Start dBte:
Finish Date:
April-oS
October-09
Summary of Work: The project was constructed for Lee County and paid for by the Developer.
MS installed 66,000 sy of base and asphalt. The project was a nBW four
lane highway. Earthwork, utilities, storm drainage roadwork. signalization
were required. M & S constructed 6400 If of 24 inch water main and
5940 If of 8 inch force main.
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project NamB:
OLD 41 WIDENING
Engineer:
Agnoli Barbara & Brundage
7400 Tamiami Tr. Suite 200
Naples, Fl. 33963
Email: ted.trvkallilabbinc.com
Contact:
Phone: 239-597-3111 Fax:
239-498-2726
Mr. Ted Tryka P.E.
Owner:
City of Bonita Springs
91 01 Bonita Beach Road
Bonita Springs, Fl. 34135
References:
Phone: 239-949-6262 Fax: 239-949-6239
Email: iames.maltonllilcijvofbonl1asorinas.olll
Mr. James Melton
9101 Bonita Beach Road
Bonita Springs, FI. 34135
Contract Amount:
$13,613,241.39
Cost (Mitchell & Stark actual work) Approx.
$10,000,000.00
Start & Finish Date:
Start datB:
Finish Date:
May-07
September-Q9
Summary of Work: Expand existing two lane road to a 4 lane road under traffic, Project included
utility relocates, box culverts, drainage, earthwork, and road construction,
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
project Name:
Marco Island Sheffield
Engineer:
Boyle Engineering
4415 Metro ParkwBY Suite 40
Fort Myers, FI. 34145
Contact:
Mr. Coumey Alexander
Phone: 239-278-7996 Fax:
239-278-0913
Owner:
City of Marco Island
50 Bald Eagle Dr.
Marco Island, FL. 34145
References:
Phone: 239-389-5183 Fax: 239-394-8137
Emal!: ~oel@cityofmarcoisland.com
Mr. Rony Joel P.E.
50 Bald Eagle Dr.
Marco Island, FL. 34145
Contract Amount:
$6,639,226.00
Cost (Mitchell & Stark actual work) Approx.
$5,800,000.00
Start & Finish Date:
Start date:
Finish Date:
April-08
DecembBr-09
Summary of Work: Project required installation fo 23,921 If of sanitary sewer in eXisting roadway thru
residential and major arterial roads, The project also included installation of
forcemain and related utility relocates. Approximately 85,000 Sy of road
restoration was completed under traffic. Major Mot issues were required for
project as well as keBplng existing traffic in service.
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3/22/2011 Item 9.A.
PROJECT DESCRIPTION
Project Name:
PLANTATION ROAD
Engineer:
T. Y. UN INTERNANTIONAL
2400 First St. Suite 200
FORT MYERS, FL. 33901
Contact:
MR. BARRY JONES P.E.
Phone: 239-332-4846 Fax:
Owner:
LEE COUNTY
1500 MONROE ST. 4TH FLOOR
FORT MYERS, FL. 33901
References:
Phone: 239-533-8513 Fax:
MR. MIKE RIGSBY
239-485-8520
Contract Amount:
$5,150,851.00
Cost (Mitchell & Stark actual work) Approx.
$4,100,000.00
Start & Finish Date:
Start date:
Finish Date:
May-08
October-09
Summary of Work: The project involved new construction of roadway and some widening of
existing roadway, Utilities were installed under a separate contract with the
City of Fort Myers. A tum lane improvements were constructed off Colonial
Blvd. Over 51 ,000 sy of base and asphalt was constructed. The project
included earthwork, sound wall. lighting, signalization and storm drainage
and road construction.
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3/22/2011 Item 9.A.
T AS VII
ACCEPTANCE OF CONDITIONS
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3/22/2011 Item 9.A.
ACCEPTANCE OF CONDITIONS
Mitchell & Stark does not make any exceptions to the general terms and
conditions of the RFP, and to insurance requirements or any other
requirements listed in the RFP.
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3/22/2011 Item 9.A.
STATEMENT OF LITGATION
Currently Mitchell & Stark is not involved in any construction lawsuits with any
governmental agencies. Mitchell is involved in the normal workman compensation,
utility and personal injury lawsuits common to a construction contractor. None of the
lawsuits are believed to have a material effect on the financial condition of Mitchell &
Stark.
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3/22/2011 Item 9.A.
TAB VIII
REQUIRED FORMS SUBMITTALS
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3/22/2011 Item 9.A.
AU.chment 1
Collier County Board of County Comm....on.ra
Purchulng Department
Vendor Check List
IMPORTANT: THIS SHEET MUST BE SIGNED. PIM.. nNICI caNfully, 81"n In the 8p11CH
Indlc8led 8nd return with your Propoul. Vendor should check crIf each of the following items as the
necessary action is completed:
B
G'
~
!:it
The Proposal has been signed.
AI applicable fonns have been signed and included, along with licenses to complete the
requirements of the project.
Any addenda have been signed end includad.
The rnaiing envelope has been addl'BSll8d to:
Collier County Board of County CommlHionln
Purchasing Department, Building "Go
3327 Tamiami Trail, Cast
Naples, Florida 34112
Attn: Branda Brllhlllt, Purchasing Agent
ri The mailing envelope !!!!Ill be --led and nuubd with Proposal Number, Proposal TItle and
Due Date.
o The Proposal wiI1 be mailed or delivered In lime to be received no later than Ihe specified dUB daabt
and time. (Otherwise Propoll8l cannot be considBred.)
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND nTLE ON THE
OUTSIDE. OF THE COURIER PACKET.
Name of Finn: MITCHELL & STARK CONSTRUCnON CO., INC.
Address:
CIty, sc.te, ZAp:
Telephone:
Email:
6001 SHIRLEY STREET
NAPLES FLORIDA 34109
239-597-2165
BPEN~LLSTA~K.COM
BRIAN PENNER CEO
Representative Signature:
Representative Name:
Date 12120/10
RP'P 10.6450
25
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3/22/2011 Item 9.A.
AttIld1rnHd 2
Vendor'. Non-Ruponaa Stat8nwnt
The sole Intent of the Colier County Purchaslng Department Is 10 issue soIlc1latlons that are clear.
concise and openly competitive. ThBrefore, we are Interested in aBCBrtalnlng reasons for PlO8pecli'f18
Vendors not wishing 10 respond to this solicitation.
If your firm is not responding to this RFP. please indicate the realKln(s) by checking the ltem(s) listed
below and return this form Ilia emell or fax, noted on the cover pege, or mall 10 ColDer County Purchasing
Deparbnent, 3327 Tarniaml Trell East. Naples. Florida 34112-
w. are not respondng to IhIe ftFP far.... following reuon(a):
Services reqlJ8lltsd not available through our company.
Our firm could not mBBt &pBCIficatlonslacope of work.
SpeciflClltlon8l8cope of work not clNriy understood or applicable (too vegU8. rigid. etc.)
Project is too smaH.
Inau1'llclent time allowed for preparation of I'&apon&e.
Incorrect Bddress used. Please COIT8Ct maUIng addl8lls:
tJ/ff
Other l'BlISOn(s):
Name of Firm:
City, State, Zip:
TBlephone:
Email:
Address:
Representative Signature:
Date
RepresentatlYB Name:
RFP 10.5450
26
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3/22/2011 Item 9.A.
Ait8chment 3
Conllict of Inta.-t AffIdavit
By the signatura below. the f1nn (emp~, officers sndIor agents) cwlifl&s, and hweby d18dc_, hI,
to the best of their knowledge and belief, 81 relevant facts concerning past, present. or CImlntly planned
interest or activity (fil18rlclal, contractual, organizational, or otherwise) which relatee to the propoaecl
work; and bear on whether the fInn (employees, officers and/or agents) has a possible conlllcl h.... been
fully di8closed.
Addilionally, the firm (employees, officers .nd/or agents) agrees to immediately notify in writing the
Purchasing/General services Director, or designee, If any aelual or potential conflict of inlenlSt arises
during the contract andlor project duration.
Firm; MITCHELL & STARK CONSTRUCTION CO" INC,
Signature and Dale: ~ - 12120/10
Print Name BRIAN PENNER
Title of Signatory CEO
Slate of
FLORIDA
County of
COlliER
day of DECEMBER ,2010,
, who is pel'llonaly known to me to be the
for the Firm, OR who prodUCBd the following
SUBSCRIBED AND SWORN to before me this 20
by BRIAN PENNER
CEO
identification
BELINDA BURGBACHER,fi C'...-
Notary Public
My Commission Expires 1/22/11 0 0455
-
r:o./AltY PIlIItJC.eTAn: OF FLORIDA
,."""..... Edinda Burgbacher
~ ~"t. j l:',":mission # DD620455
..,..p.~. Exprres, JAN. 22, 2011
rGtmFJ}THRt: ATI..\NTlCBONDINGCfl.,INC.
RFP 1~50
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3/22/2011 Item 9.A.
Attachment 4
Vendor Declal'lllian 1M r tunent
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: RFP NO. 10-5450 - HAaphalt RoecIway, Concnte. Curb. Sld....k and DrI_ay InaWlldIon."
Dear CummissiOf18l'll:
The undersigned, as Vendor declares lhat this proposal Is made without connection or arrangement with
any other plll'llOn and this propos.lls In every respect fair Bnd made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Coller County document for the purpose of
establishing B formal contraclUBl rel8l1onShlp betwean the nrm and Collier County, for tha pelformanoe of
all requirements to which the proposal pertains. The Vendor states that the proposal Is based upon the
pl'Op08IIl documents listed by RFP t# 10-5450.
(Propoul Continued on Next Page)
RFP 1o.!5450
28
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3/22/2011 Item 9.A.
PROPOSAL CONTlNUED
IN WITNESS WHEREOf" WE have h8l'8lno subecriled our nam88 on this 20 day of DEC
the County 01 COLLIE~ . in the Slate 01 FLORIA. -
,2010 in
Firm's Legal Name:
MITCHELL & STARK CONSTRUCTION CO" INC.
6001 SHIRLEY STREET
Address:
City, S'-te. Zip Code:
NAPLES FLORIDA 34109
Florida CerlifiGate of 845897
Authority Document Number:
Federal Tax 1den00000lon 350964820
Number
Telephone: 239.597.2165
LICENSE CUC046020
FAX:
239-566-7865
Chock on of the foKowing:
o Sole Proprletorehip
o Lmiled P1II11lershlp
[JlI Corp or p, A, State of INDIANA
o GenenII Partnership
Signature by:
(Typed ond_l
Title:
CEO
....d """".... to:
(I8qUired W -.... from oboYel
ConlaGt name:
Additional Contact Information
MITCHELL & STARK CONSTRUCTION CO., INC.
~P'GN~ as peyee
TIlle:
CEO
6001 SHIRLEY STREET
NAPLES, FLORIDA 34109
239.597-2165
239-566-7865
BPENNER@MITCHELLSTARK.COM
AddI88s:
City, Slate, ZIP
Telephone:
FAX:
Emeil:
0Iftce .......C1ng COllier
County 10 place orders
(l1Iqulnod . dltIeren1 from "0\11I)
Contact name:
TIlle:
Addnlas:
CIty, Slate, ZIP
Tel8pnone:
em811
Rf'P 10-5450
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1---.
3/22/2011 Item 9.A.
~~
Ad.,'~"'. Sll\.LIJIiIIIan
I'wlIIlIIIra
Attachment 5
Immigration AffidavIt c..UJlwdlon
RFP.: 10-5450
T1U.: MphaJt RolIdwIIy, Concrete, Curti, SId_lk and Dnv-y III8tIIIIItIonS
This AlIidavIt is requinld and should be signed, nolarized by an authOrized principal of the finn Bnd submitted with
formsllnvitations 10 Bid (ITB's) and ReqUMI for Proposals (RFP) sutlmltlllls. Further, Vendors I Bidden: 8nJ
required to enroll in the E-Vertfy program, and provide acceptable evidence of their enrollment. al the
time of the submission of the vendor'slbidder'a proposal. Acceptable evidence consists of a copy of the
proper1y completed E-Verify Company Proflle P80B or. copy of the fuMy executed E-Verify Memorandum
of Understanding for the company. F..... to Include (hie Aflldavlt ..... lie tabla evidence of anrallmant
In the E-Vartrv Draamm. ahan ~ the Vandor I It-'" DIO--I _ n0n-N8lH1nl11vL Documentation of
these reaulntm8nts win nat be ............. 8fter the bid I DroDG I dltlldline d....
Collier Counly will not IntentioI,811y ~ County contmcls to any vendor who knowingly Bmploy& unautnorizad
alien workers, consliluling a violation of the employment provision contBined in 8 U.S,C. SectIon 1324 a(e) Section
274A(e) of the immigration and Nationality Act ("INN).
Collier County may consider the employment by any vendor of unButhortzed aliens a vklIation of Section 214A (e)
of the 1NA. Such VIoIaUon by the recipient of the EmploymBnt Provisions contained In SllclIon 274A (e) of the IlIA
shall be grounds for unllatllral tennlnallon of the contract by Collier County,
Vendor atteats that they are fuHy complant with all applicable immigralion laws (Bpectf\cally 10 the 1986 ImmitPUon
Act lII'Id aubeequenl Amendment(s)) end "ll......1o comply with the pro1lislons of the Memorandum of
Unc:Iel slending with E-Verfy anc:Ilo provide proof of enrollment In The Employment Eligibility VerIlicalIon System
(E-Verify), operated by the Depertment of HomelBnc:l Secuity in .-ru leI'lIhlp with the SociBl Security Admlnletratlon
at the lime of submission of the Vendor's I Bidder's propoll8l.
Company Name MITCHELL & STARK CONSTRUCTION CO., INC.
Print Nama
BRIAN PENNER
TI\leCEO
Date 12/20/10
Signature
~
--------
SbIt8 of FLORIDA
County or COlliER
The f~nlllnatnlment w. algneclllftd acknowladgllCl 1*0,. m. thIa 20 day of DECEMBER
2010. by
KNOW PERSONALI.Xo has produced as idsntlfication.
~rT~) . (.TYP&dldenllfic4otiof1. and Numbar)
#/1.--- ::"T~l'lJ1llJNIT...n:O'1Y'l.OI\1J)A
.,...''''.... Belinda Burgbaeher
IN :::ER ! ~'" ,'~.i';o" ""''''''
eriDbld N 01 bHc ,~,,'r.' Expll'cs: JAN, 22, 2011
DD620:1'51 1~.fu I>C;i])F.);rnRUA'I1AN11CRONDlNGCO.,V:c.
Notary Col.., illion NurnberlEJpiration
The elgnee of this AffldllYit gU81'8nleea, as evidenced by the swom sffIdevit required h!lt8in, the truth and accuracy
of 11I16 affiClavtt 10 intelTDg8lOl'ie$ hereinafblr made.
RFP lG-5450
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3/22/2011 Item 9.A.
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Company ID Number: 99962
mE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This MDIDOlIJIdum of UJJdentmding (MOU) sets forth the poims of asreement
Social Security Administtation (SSA), the DeparImeat of Homelmd Security (D
MiteWl & 8mrk Co.a._tioa r.... }- (Pmployer) reprdiDg the Employer's .. in
the Employment Elisibility VerificatiOll Prosnun (E- Verify). E- Verify is a prG8Illb in the
employment elisibllity of all newly hired empioyeel will be cootirmed a1lm- the Emp
Eligibility Verificlltion Form (Form 1-9) Iw been comp1cacl.
Authority for the E-Verify prollfUll is foUDd in Title IV, Subtitle A, of the illegal
Reform and Immignmt IlespoJw'bllity Act of 1996 (IIRIRA), Pub. L. 104-201, 110 SlIt. 3,
amended (8 U,S.C. f 132481101D).
ARTICLE n
FUNcrIONS TO BE PERFORMED
A. RESPONSIBILITIES OF THE SSA
]. Upon completion of the Form 1-9 by the employee and the Employer, and pro .
Employer complies with the requirements of tbis MOU, SSA agrees to provide the
with available information that allows the Employer to coofirm the lICllUI8Cy of Social
Numben provided by all newly hired employees and the employment authorization 0 U.S.
citizens.
2. The SSA agrees to provide to the Employer appropriate assistance with
problems that may arise during the Employer's perticipation in the E- Verify program.
agrees to provide the Employer with names, titles, addresses, and 1ll1ephone munhen 0
represOlltatives to be contacted during the E- VeritY process.
3. The SSA qrees to safeguard the information providod by the Employer through E-
VerilY program procedures, and to limit access to such information, as is Iwoujlllillte by' w, to
individuals responsible fur the verification of Social Security Numbers and for evaluation f the
E- VerifY program or such other persons or entities who may be authorized by the S as
governed by the Privacy Act (5 U.S.C. f 552a), the Social Seewily Act (42 U.S.C. 1306(a , and
SSA regulations (20 CFR Part 40]).
4. SSA agrees to establish a means of automated verification that is desi
conjunction with DHS'. autolDllllld system if necesllllY) to provide confirmation or
nonconfirmation of U.S. citizens' employment eligJ'bi1ity and 8CC1IJ'8Cy of SSA records
citizens and aliens within 3 Fedetal Government work days of the initial inquiry.
s. SSA asrees to establish a IIIelIDO of secondely verification (including
records as may be necessuy) for employees who COIIleSt SSA ten1ative IIOIICOIIfirmat
designed to provide final CODfirmation or oonconfirmBtioo of U.S. citizens' emp'
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3/22/2011 Item 9.A.
---.--------,
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Company ID Number: 99962
cligibility and /KlQ1IJ1Il:y of SSA records for both citizeas and aliens within 10
GoVet4unout work days of1be dIte of referral to SSA, unless SSA delermines tIIIt more 10
days may be DeCCSSlU)'. In such cases, SSA win provide additiona1 verification iDstructioasf
B. RESPONSmILITIES OF THE DEPARTMENT OF HOMELAND S
1. Upon completion of 1be Form 1-9 by the employee and the Employer and SSA
verifies 1be lICOuracy of SSA records for aliens through E- V erify, DHS agrees to tbe
Employer access to selected data from DHS's d..."".se to _ble the Employer to conduct:
· Automated verification checks on Dewly hired aIica employees by e1ec:tronie and
· Pboto verification chcc:ks (when avail8ble) on newly hired alien cmp.loyecs.
2. DHS agrees to provide to the Employer appropriate .OBi-"" with operational Iems
that may arise dming the Employcr's participation in the E-Verify program. DHS to
provide tbe Employer 1I8II1eS, titles, addresses, and telephone numbers of DHS represeu to
be conlll*d during the E-Vcrify process.
3. DHS agrees to provide to the Employer a manual (the E-Verify Manual)
instructions on E-Vcruy po1icies. proc:ecIurcs and requirements for both SSA and DHS, .
reslrictiODB on the use ofE-Verify.. DHS IIfVCCS to provide training IIllIImia1s on E-VcrifY.
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4. DHS agrees to provide to the Employer a notice, which indicates the s
perticipation in the E-VcrifY PJ'08I1Im. DHS also agrees to provide to the Employ 8J1ti..
discriminsdoD noticu is8ucd by the Office of Special Counsel for Immisration-Relmd nfair
Employment Practices (OSC), Civil Rights Division, and U.S. Dep..ilmcllt oflustice.
S. DHS agrees to issue the Employer a _ identification number and pusword dIat
the Employer to verify information provided by alien employe. withDHS's d_?ase.
6. DHS agrees to safeguard the iDfurmation provided to DHS by the Employer, and limit
access to such information to individuals respoDBible for 1be verification of Wen
eligibility and for eva1wltion of the E- Verify program, or to such other persons or entitias
be 8IIthorized by applicable law. Information will be used only to verify the accuracy
Security Numbers and employment eligibility, to enforce the Immigration and N .
and federal criminal laws, and to ensure lICCurele wage reports to tbe SSA.
7. DHS agrees to utablish a means of a..tmn....d verification tbat is des'
conjunction with SSA verification procedures) to provide COIIfinnation or
nonconfirmatjoo of employees' employment eligibility within 3 Federal Govcmment
of the initial inquiry.
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8. DHS agrees to establlsh a means of seconduy verification (including 'Ipri"';"g DHS
records as may be n~",sary) for employees who contest DHS tentative . and
photo nOD-match tentltive nonconfumations that is designed to provide fina1 or
nonconfinnation of the emp1oyecs' employment eligibility within 10 Fedenl1 work
days of the dele of",fenoa1 to DHS, ........ DHS determines that more thea 10 daylI be
necessary. In such _, DHS will provide .d~itjonal verification inslnIctions.
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3/22/2011 Item 9.A.
'[.---.
:1
c. RESPONSlBD.JTIES OF THE EMPLOYER II
1. The Employer IIJ'OCB to display the noOC:CS supplied by DHS in a prominent p~ is
clearly vistble 10 prospective employees. I
Company ID Number: 99962
2. The Employer agrees 10 provide 10 tho SSA and DHS the DllDlea. tilles, and
-relopbonc numbers of the Employer reprosOlllBtiYes to be CClDl8ded reprding B-Verify.
3. The Employer IgnleS to become fi""m.... wi1h end llOIDply with the B- Verify Man
4. Tho Employer agroos tIIlIt my Employer Rcpr,....ufl;Iiw who wlll ....fu.m emp
verification queries will CODIp1oto tho B- Verify Tutorial before tIIlIt iDdividuaJ . .. my
queries.
A. The employer agrees that III employer ,<o...woQubai_ wIU take the
tutoriaIB initiated by the B- Verify program II a c:oncIi1iOD of QOntim"'Cl of B-
VorifY .
D. Failure to CODIp1oto a rcfresbcr tutoria1 will pmront tho omployor from
\ISO of the PJ'Gly........
S. The Employer agroos to CODIpIy with establilbed Farm 1-9 procecIuros, two
exceptions:
· If 811 employee JXCllC4lb a "List Bft idcatity document, tho Employer .-10
"Lilt Dn documomls tIIlIt coDtaiD a photo. (List B do.-,..-.-. idtomtifi"lI in 8 C
274a.2 (b) (I) (B)) can be presented during the FOIDl 1-9 process to cs1abIish i .
· If en employee pi~ a DHS Form I-SSI (Permaaent J.l,...lt!.,nt Card) or F
(Employment Authorization Document) to complete tho Form 1-9, tho Employer
to maIrc a photocopy of tho document ad 10 rdain the photocopy with the em
Form 1-9. Tho employer wiU use tho photocopy to verify the pholo 8Dd to
Department with its review of pboto non-1IIlIlChos that are co_steel by emp
that employees retain tho right to prosODt 8IIY List A, or List B and List C, do n
to complete the Form 1.9. DHS may in tho future designate other doCIIIIHIDts tIIlIt
the photo screening tool.
6, Tho Employer IIDderstands that participation in B-Verify does not exempt the
from the responsibility to complete, retain, 8Dd make available for inspoction Fmms 1-9
to its employees, or from other requirements of applicable regu1atiOllS or laws, except
following modified 1'tlQIIimnonts applicable by reason of the Employer's p8l'ticipati
Verify: (I) identity documents must have pbotos, as described in pIII'8gI'8ph 5 above
rebuttable presumption is established tIIlIt the Employer bas not violated section 274A(aXI
the Immigration and Nationality Act (INA) with respect to the hiring of any in . .
obtains confinnation of tho identity and employment eligibility of the individual in com
with tho tenn. and cooditions of B-VorifY ; (3) the Employer must notitY DHS if it ,
employ any employee after receiving a finaJ DOl1COll1irmation, and is subject to a civil !
peoaIty between $SOO end $1,000 for each fiWuro to notify DHS of continued emp .
following a final nonconfirma1ion; (4) the Employer is subject to a rebuttable
has knowingly employed an 1III8IJthori>le alien in violation of soctiOll 274A(a)(1)(A
Employer continues to employ any employee after receiving a finaJ IIOIICOnfirmation;
person or entity participating in B- Vori1Y is civilly or criminalJy liable UDder any law
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3/22/2011 Item 9.A.
Company 10 Number: 99962
action taken in good fiUth on informatillll provided tbrouab the conlimuItion
reserves the right to conduet Fonn 1-9 QOIIIJllillllce iDspoctiODB during the C01ll'Be of E-V
well as to conduct any other eufon:ement activity auIborized by law.
7. The Fmployer apes to initiate E- Verify VClIificalion procedures within 3
busine8s days dcr each employee has been bind (but lifter bath soctions I and 2 of the F
have been completed), and to complete as -.y (but only as many) sleps of the E- V erify
as are DOCCSsary according to the E- Verify Manual. The Employer is prohibited from .
verification procedures before the employee has been hired and the Form 1-9 co
autom.iM system to be queried is 1emporarily unaval1able, the 3-day time period is .
until it is again operatioual in order to accommodate the Employer'll .ttowplin& in good
make inquiries during the period of UDavailability. In all cases, the EmpIO)'Cll' must use .
verification procedures first, and UIIC DHS verification procedures and photo SCR>eDiDs
after the the SSA verification I'C8pODSe has been given.
8. The Employer egrees not to use B- Verify procedures for pnl-aIIployment
job applicauts, support for any unlawful employment praetice, or any o1her use not
this MOU. The Employer must use &'Verify for all new employees and will not
certain employees selectively. The Employer agrees not to use E- VerifY procedures'
verification, or for employees hired before lhe date this MOU is in effect. The
UDdentIlncls that if the Employer usos E-Vcrify procodures for eny purpo8O otbor
ll1II'hori2'ed by this MOU, tho Employer may be subject to Ayl"opriito legal IIlltion
immediate 1mmination of i1s _s to SSA and DHS informstion pursuant to this MOU. I
9. The Employer agrees to follow appropriate procedUl'llB (see Article IDB,
regarding tentlIlive 1IOIICOIIfumati0Dl, including notifying employees of the finding,
written referral iDstruc:tions to employees, allowing employees to COD1aIl the find;'lg,
taking adverse action against employees if they choose to contest the fiDding. F
employees contest a 1oDI8tive nonconfirmation based upon a photo non-match, the
requirod to take affirmative sleps (sce Article m.B, below) to coDl8ct DHS with '
necessary to _OM the challenge. :
,
10. The Employer agrees not to take any adverse action against an employee bucd
employee's employment eligibility slatus while SSA or DHS is processing the verificati ,
unless the Employer obtains knowledge (88 defiDed in 8 C.F.R. fi 274&.1 0)) that the
not work lWthori2'Ald. The Employer understands that an initial inability of the SSA '
aUlomated verification 10 wri1Y work authorization, a 1enIIItive nonconfirmation, or the
a photo non-DIll1eh, does not mean, and should not be interpreted as, an indicalion .
employee is not work authorized. In any of the cues 1is1ed above, tho employee must be
the opportunity 10 contest the finding, and if he or she does so, may DOt be terminated
any adverse employment consequences UDtiI and unless secondary verification by SSA
has been completed and a fioal nonconfirmation has been issued. If the employee does not
to contest a tentative nonconfirmation or a photo DOn-match, then the Employer can. the
employee is not work authorized and lake the appropriate action. i I
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I 1. The Employer ll8fOO8 to comply with seetion 274B of the INA by not discriJn,ijatin
unlawfully against any individual in hiring, firiDg, or recruitment or referral pr8Clices of
his or her omonal origin or, in the case of a protected individual.. dofinecI in soc:tiou 27 .)(3)
of the INA, because of his or her citizenship status. The Employer UDdentands that
practices can include selective verification or 1ISC of E-Verify, discharging or refusin
eligible employees !wpo"se they appear or sound "foreign", and preDIIture .
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3/22/2011 Item 9.A.
Company ID Number: 99962
cmpIoyOCll baed upon tcDt8tivc 1IOIICOJIfirm8t00000, llDd that any viol8tiOD of ~
immiption-relaled employment prICtices provisiona of Ibe INA could lIIbjeot the
civil P"""lries plIlIIlIlIDt 10 1eCti0D 274B oflbe INA aad the lm'minBtioo of its partie. .
Verify. If the EmployoJ' bas any questiOllS relatiDg to the IIIti-discrimiD pmvisioD, 4
COIIlIOtOSC at 1-100-255-7611 or ]-800-237-2515 (IDO). '
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] 2. The Employer agRCII to m:ord the ClISe -meation lIlIIIlbcr OIl the employee's
or to print tbc sc:rccn cnntJti"i"g the case verifil:llli0ll1lUlJlbcr md attach it to the employee!
~ !
13. The Employer agrees 1hat it willllBC the iDfonnatjon it receives from tbc SSA DHS
pursuant to E-Verify and this MOU only to confirm tbc llIDploymcnt eligibility of
employees after complcticm of the Form 1-9. The Employer asr- 1hat it will this
infCll'DUllion, aad IDC8DS of access to it (such lIS PINS aad JlllSswords) 10 ClIIS\II'e 1hat it is used
for any other JlIII'JlOllO and as I"'OCSsaty to protect its confidcntiality, including 0IISUri0g it is
not disseminated to. any penon other than employees of the Employer who are to
pcrfoJm the Employer's RlIpOIISibilities wiler this MOU.
14. The BmpIoyor acknowJedses that the information which it receives from
govcmcd by the Priwcy Act (5 U.S.C. fi 552a (i) (1) IIId (3)) aad the Social Security
U.S.c. 1306{a)), IIId that my penon who obtains this information under false prekmca
for any purpollC other than lIS provided for in this MOU may be subjeot to criminal
] 5. The Employer agrees to allow OHS and SSA, or their autborized apnts or des'
make periodic visits 10 the Employer for the purpose of reviewing E- Verify -re18led
Forms 1-9, SSA Tl'BIISlICtion Records, aad OHS verification records, which were
the Employm's particlpatian in the E- Verify Program. In Iddition, for the purpose of
E-Verify, the Employer agrees 10 allow OHS aud SSA or their authorized agents or
interview it regarding its cxpcriencc with E- V crify, to iotervi8w employees binld during
use couceming their experience with the pilot, IIld to make employment 8Dd E- V .
records available to OHS and the SSA, or their dosiW'ot"CJ apnts or deslpees. Failure to
with the terms of this paragraph IIIII,Y load OHS to tenninatc the Employer's _. to E-V
ARTICLE m I
REFERRAL OF INDIVIDUALS TO TIlE SSA AND THE DEPARTMENT 0
HOMELAND SECURITY !
A. REFERRAL TO THE SSA
!
1. If the Employer receives a tentative nonconfirmatiOll issued by SSA, the Emplo .
print the tentative nonconfinnation notice as directed by the 8'''''''''.'''' System IIId
the employee so that the employee may determine wbctber he or she will COIIIeSt the
noncoofinnatjon.
2. The Employer will refer employees to SSA field offices only IS direoted
..ItoJnBted System based on a WDlativc IIOIICOIIfirmat IIId only aftar the Employer
case verification number, reviews the input to delDct any traDI8ctioD errors, aad
the employee conteats the WDlatiw nonconfirmJdion. The Employer will tnmsmit
Security Number to SSA for verification again if this review iodie8le. a oeecl to do
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3/22/2Q!_~_.!t~m 2J~~.._
Company ID Number: 99962
Employer will detmninc whether the employcc c:onmsts the llm1ative IlOIlllOIlfirma as 00 as
possible aila' the Employer ..-ivos it.
3. If the employoe llOIItllstlI an SSA toIrtIIlive 1IOIICOIIfirmat0ll, the Employer will
the employee with 8 referralle1lllr and insttuct the employee 10 visit an SSA office 10 I the
discrepancy within 8 FCldcraI Oovcmmcat work days. The Employer wilIl1111b 8 _d
to the SSA d."bllSO usiDa B-VerifY proood_ 011 the dale that is 10 FedoraI Go work
days aila' the dale of the referral iD order 10 obtain coafinaatioa, or fiaaI 0 oss
otherwise iDsbucted by SSA or uaIess SSA deCmaincs that more than 10 days is 10
resolve the tentative oODCODfirmation..
4. The Employei' agrees not 10 ask the employee 10 obWn 8 prinIuut from
Security Nnmbllr tI-hue (the Numident) or other writteD verification of the Soc:ia1
Nnmber from the SSA.
B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY
I. If the Employer receives 8 tentative IIOIlCOlIfirmat issued by DHS, the &BpI must
print the tentative nllllCOOfimWiOll notiee as directed by the autoInaled syslem. 8Dd pro it to
the employee so thm the employee may determine wbeIhIlr be or she will conIfllt the
noncontirmation.
2. If the Employer finds a phoro IIOD-match for... alien who provides a document
the automated system bas transmitted a photo, the employer must print the photo
tentative nOllCOnfirmation notice as direclllcl by the automated system and provide .
employee so that the employee may detmnine whether he or she will COIIlKt the fiDcIing.
3. The Employer agrees 10 lIlfer individuals 10 DHS only when the employee 10
contest a tentative nonconfumation received from DHS automatod verificaIion process when
the Employer issues 8 teDl8tive IIOIICODfirmati based upon 8 photo nOD-llllddl. The layer
will detonnino whetbcr the employee contests the tentative nonconfirmation as soon as sible
after the Employer receives it
4. If the employee contests a tentative noncoofirmation issued by DHS, tho &BpI will
provide the employee with 8 referral Iettet' and instrullt the employee to contact the t
through its toU-free hotline within 8 Federal Government wolk days.
5. If the employee contests a tentative nonconfumation based upon a photn non the
Employer will provide the employee with a ref 011'1I1 Ietter to DHS. DHS will e 'caIIy
transmit the result of the referral to the Employer within 10 Federal Government work f the
referral1lllless it determines that more than 10 days is necessary.
6. The Employer agrees that if an employee contests a IeDtative IIOlICOIIfirmat
upon a photn non-match, the Employer win SCDd 8 copy of the employee's Form 1-551 or
766 10 DHS for review by:
. Sco......,g and uploadina the document, or
· SeDCling a photocopy of the document by an express mail acoolJDt (fumisbod IIld
by DHS).
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Company ID Number: 99962
3/22/2011 Item 9.A.
.m -1
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7, The Employer UDClerstIIIIda Ibat if it ClIIID.at delIrmiDe wbethor th_ is hato
matchlnolHDllteh, the Employer is required to furwud 1he employee's documeutItion to by
sc-ning and upIl111lling, or by sending 1be doeument IS desl:n'becl in the plCX'NIJ'lg aDd
resolvinl tho _ IS lIpClOifiod by tho Immigntion SIMceI Verifier at DHS who wiU
the photo matl:.b or 1IOIl-match.
ARTICLE IV
SERVICE PROVISIONS
The SSA and DHS will not charge the Employer for verification services performed this
MOU. The Employer is l'CIJIOIISib1e for providiDs equipment IIllllded to IIIlIke inquiries. T ess
the E- Verify Systan, lIII Employer will aeod a pencma1 computer with Jntemet aocess.
ARTICLE V
PARTIES
This MOli is effective upon the silPJlltUl'e of all partillI, IIlId sbaIl continllll in effect for IS
the SSA and OHS conduct tho E-Verify protp'IID un1ess modified in writing by tho utua1
coosent of all pIItios, or !ermin_tNl by IIIIY PII1Y upoo 30 dayI prior wriu.n notice to
Any and all system en....n~ to tho E-Vemy progrBIII by OHS or SSA, iDcludiDg not
limited to the E- Verify chceking against additiooa1 dlIta sources and instituting now . on
procedures, will be covered 1IIIder this MOli aod will DOl cause the need for a suppl OU
tb8t outlines these ~"""'lI"'l DHS asrees to train omployers on all ~"""'r made to erify
through the use of m...dJlt(ry refmher tutorials md updms to 1he E- Verify Even
without nh..... to E- Verify, tho Depertmeat reserves 1he right to require omp1oyers take
m_nljat~ refresher tutorials.
Termination by any party shall tmniDate 1he MOli IS to aD parties. Tbe SSA or D
tcnI1inaal this MOli without prior notice if deemed noceasary because of tho .
or policy, or upon a dotermination by SSA or DHS tIW tbore bas b-. a breach 0
integrity or security by tbe Employer, or a failure on the part of the Employer to
established procedures or legal requirements. Some or all SSA and OHS respoasibiliti
this MOU may be performed by contractor(s), and SSA and OHS may adjust
responsibilities betwoon oach other IS they may determine.
Nothing in this MOli is intended, or should be conslrued, to cree any right or
substantive or procedural, enforceable at law by any third party against tho llDited S
agencies, officers, or employees, or against the Employer, its agents, officers, or employ
Eech party shall be solely responsible for dcfimding any claim or action against it arising l!
related to E- Verify or this MOli, whether civil or criminal, and for any liability wh
including (but not limited to) any dispute blltWeen the Employer and any other person -
regarding the applicability of Section 403(d) of JlR.IRA to any lIlllion takm 01' allegedly .
the Employer.
The employer undenlBnds that the fiIct of its participation in E- Verify is not
information end may ~ di&e108cd .. euthorizecl or required by law and DHS or SSA
including but not limited to, Congressional OVClnitlht, E-Verify publicity and media .
and responses to inquiries un.der the Freedom of .IDfonMlion Act (FOlA).
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3/22/2011 Item 9.A.
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Company II> Number: 99962
Thc f'oJegoing c:onstitutc& the fun agrccmcot 011 this subjeQt bctwccD thc SSA, DHB, the
Employer.
Thc individuals whose signatures IIpIlOII' below represent duIt they are authoriJJed to ilIto
this MOU on behalf of the Employer and DHS I'\lspcctivcly.
To be _pted.. partieiput.. E-Vedfy. yoa.1IoaJd GUy lip tile Employer'. or
die lipatun pace. If you bve IIIl)' qu.tioDl. _tIId E-VerifJ Opel'lltloDl at
4218.
Employer MItchell,. SUlrk CODltnctiOD CO., IDe:.
Mattllew Behrle
NlIDc (pICIIIlc type or print)
Titlc
EIectnnUctIlIy SIpd
Signaturo
0211312808
Date
neperhllellt ofHolDeJud Seearity - Verification DMlln
USCIS Veriflcatioa DivlIIoa
NlIDc (pICIIIlc type or print)
Title
~S/6rWI
Signature
0211312008
Date
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3/22/2011ltet11. .~:_r::~__
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Company ID Number: 99962
INJ.l'ORMATlON REQUIRED
FOR THE E-VERIFYPROGRAM
IIlllmDaIioIllCllline to your Complmy:
CompmyNlIIIIC: Ml1dIeII . Sterk Coaotncdoll Ca.. lac.
CompeIlyFIlCiJity ~: I'lli Welt PInt Ill.
M.........IN 472f11
~y""""""A_: P.O. hdU
.....n. IN 4'1261
Co1lllly or PIriIb: .JACKSON
Bmplo)'er IdelItificelion Number: J5lltr1Ut
North Amoricon Iuchsy
t"I...;~"1IIicJa S)'IlemS Code: 231
Peratt~
Number ofElllployees: ~ N1UDber of_ Verlllod lbr: 2
Are yon \'erlfying fur """,,!bon I she? Ifya, pi.... provide die amnbc:r of shes yerIfiod Ibr ill c:od> SloIe.
. INDIANA l UIt>(.)
. FLOIlIDA 1 Iite(.)
infunDation ...1eIing to tbe Program AdminiI1I'8lOl(.) IiJr your Compony on policy qucslions or opc:rotional
Nune: Mot6ow J IIohri&
Teleplume Number: (112) '" - 2151 F..Number: (112) '" - 2IiZ
E-DIlIiI Addnl&s: mhehril@)mltdlellltuk.com
N....: _de B....dJer
ToIepIloae Number: (2") 59'7 - 21f5 F.. Number: (239) '" - '/165
E-meil Addres&: bbu'll:_r@,adleIIeIloIer.......
NIJIIO: C..... Sperb
Telephone Number: (112) '" - 2151 F..Number: (812) '" - 2162
E-DIlIiI Address: ~ltdleIlItork.com
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.Registration
3/22/2011 Item 9.A. _
,
EllIt
VourcomlJll1ll II now NIIII_ ... E.VerIIJ. AI u... wI.__r USWame Ind '_~_dI vIIemeL .
not ......... -.. houN. ......e c_ 0Illce 01 V__II111 il1 i21l. _ DO IIOT AEOISTEll A
IIIIPORTANT: Vou Ihou/d prlnllbe 1II0U, end lhe..1t wIIIl 'Ollt H_n __ .........lepl cou_4 ond
.ppropt-_.
Ci~
u.s. n-.1'tInMt at H--~a.-"'Nt &8emtIv I u.s. r.........hlD and lIIImlamtlftn ..rwta.a
-.
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https:lIwww.vis-dhs.com/Em.ployerRegimmOnlR.eRislration.asDX?JS=YR.l
Page 1 oft
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3/22/2011 Item 9.A.
~~~-
AdI."J!t.A.. .....0iIIIan
P&.~IiIMIIlI.
~e
Atftdavlt for Claiming Statu. .. . Loc8I Busl_
RFP #;1ll-MSO Mphalt RoIIdway, Concrete, Curb. Sld....k IN! Driveway In....1Ilions
(Check Appropriate Solles Below)
Stale of..florlcla (SeleCt County If V,,"lor III deec:ribed _ a Local Bwln_
'f'I-CoIHer County 0 Lee County
Vendor affirmlthat It is a local business B8 defined by the Putchaslng Policy of the Collier County Bollnl
of County Commissioner1l Bnd the Regulatlons ThlIreto.
A$ deftned In Secllon XI of !he Collier County Purchasing Policy;
A 'local businelS' is defined as a busin_ that has a valid occupatIof1llllice...... IBlUed by e.... Callier or
Lee County for a minimum of one (1) year prior to a Conier County bid or proposel submislion that
authorlzeB the business to pn:IIIide the commodities or 18I'V1085 to be purd'8sed, Bnd a phyeiaal bus....
address located wlthin the limits of Collier or Lee Countiel from which the vendor opendes or performs
busi....... PolII Orrao euu. ore nol -mabIB and .hall not be used for the purpoee 01 BB18bllshlng salel
phl/lllcat address. In add.ion to the foregoing. 8 vendor shan not be considered a "loc8I business" unless
It contributes to the BCOI'lOmic development and well-being of either Callier or Lae County in a .......bIe
and mealllJrable way. ThIs may Include. but not be Iiml\ed to. the retention and expansion of emplo)'menl
opportunities, the support and illCfllllBe to either Collier or Lee County's tax b8w. and residency of
employees and principals of the business within Collier or Lee County. Venden shaH affirm in writing their
compliance wtth the foregoing at the time of submitting !hei' bid or proposal 10 be eligible for
consldera1lon as a 'ocal buslne88" under this 88CIIon.
Venda' must complete the f~ information:
Year Business established in.~1ier County or 0 Lee County; 1980
Number of EmplOyee8 (Indudlng ~s) or Corporate Officefs);ZOO +/-
Number of Employees Living in CoIllBr County or 0 Lee (Inciudlng Owner(s) or Coli^"'"
00,,*,): 60
If requested by the County, vendor wttI be required to provide documentation substantiating the
information given In this affidavit, Failure to do so wtl result in vendor's &ubmisslon being deemed not
8PDllcable.
SIgnature:
BRIAN PENNER
Date: 12/20/10
Tllle: CEO
Vendor Name: MITCHELL & STARK CONST. CO., INC,
~TE OF FLORIDA
r ~COLLlER COUNTY n LEE COUNTY
Sworn to and Subscribed Before Me. a Notary Public. for !he above Stale and County, on thi6
20 Day of DEC "
BELINDA BURGBACHER
Nolllry Public
My Commtlllllon expires: 1/22111 00620455
(AFFIX OFFICIAL SEAL)
NOTMY PVlIUC-'lt'
...'.......,. B-'li nl'!l 01" I"tORlDA
[ ~!ll~. ~da Burghacher
'.~/FI/ CcmnuSSlon # D/)620455
,..""" !;xPJres:. JAN 2' '0'1
Jlor<'1lill.l T1il/C" ^TLAN - . ..., ~ ~
] Ie BONDING ';:0., L\('
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3/22/2011 Item 9.A.
RFP 011-l119r Annual ConIrBct for Roadway COnlrllClOrs
Attachrnent 7
Collier County Florida
lnaunmce and Bonclng Requlnll1l8l1la
~'. .. /n.iWll1f'J:~"":;"'III- ..'..._i_.'I;IiG--~""''--*,n.'~~';''''';''IJO.s.'''''-~..;\''
. _~Jl!1II _ _ - .~~".c..~,lti,"Iii"i:...i&.-.-~~:4~;:U=..vr.,.:+
1 . Worker's SlatulDry Llmlt8 of Florida Statutes, Chapter 440 and all Federal
Compensalion GowlmmAnI St8Iutory Umits and Requinamenta
2. 181 Employer's Liability $1.000.000 single limit per occurrence
3. 181 COInmBll:laI General
Llablllly (Occurrence
Fonn) patterned after the
curren! ISO form
4. t2Ilndemnification
4. 181 Automobile L1sblllty
IlocIIy InJury anll PrOperty Oemage
$2.000.000 single Kmlt per occurrence
To the maximum exll!lnl pennltted by Florida 1lM, the
COnba.cw.lVllIldor/Con&Ultant shall indemnify and hold harm'- Colier
County, lIS llIfIcers 800 emplOyees from any aOO all liabilities, damages,
~ and costs, including, but na\ IlmIIed to, reesonable 1IlIDmeys' fees
and paralegalS' fees, to the extant cauaed by the negligence,
.-............ ~ intentionally wrongful conduct of the
COllbllClollVendorlConsultant or anyona Bn1~ or utilized by the
ConlnlcklrNendor/Coneultant In the performance at this Agnlemllfll
This Indemnification obligation shllll not be construed to negale, Ilbrldge
or recluce any OIhBr rights or remedies Which otI1erWi8e may be available
to an indemnified party or person dBsa'lbBd in this paragraph. This
section does not pertain to any incident Brlslng from the sole negligence
of Collier County.
$ 2.000.000 Each OcaJrrence; Bodily l/1ury & Property Damage,
OwnedlNon-ownedlHlred; Automobile Included
5. 0 Other insurance as 0 Pollution
notecI: Occumtnce
6. 0 Bid bond
7. 181 Performance and
l-'aymen160nds
$
Per
o Professional LlablUty $ Per
Ocanence
. $ 500,000 each oIBim and in the aggregate
. $1,000,000 BBCh daim and In the ag~e
. $2,000,000 8liIch claim and in the aggregate
o Valuable Papers Insuranoo
Occurrence
Shall be submitted with proposal response in the form of certtrllld funds,
cashiers' check or an imtvocable letter at credit, II cesh bond posted wiIIl
the County Clerk, or proposal bond In a sum equal to 5% at the cost
propose!. All checks shall be mBda payable 10 the COllier County Board at
County Commi....ioners on a bank or \ru8t company IocaMd in lhe S1aIe
at Flcrida and inBured by the Federal Depos~ InsUI'Bf1C8 Corporation.
s
Per
For projects in excess at $200,000, bonds BhBlI be submi\led with the
executBd contract by Proposers I'llCl8lving awwd, and written for 100% at
the Cont!acI award amount, the cost borne by the Proposer raceiving an
award. The Performance and Payment Bonds shall be underwrllten by a
32
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3/22/2011 Item 9.A.
RFP 09-0197 Annual Contract for Ro8clwlIIy COOll1lCtOr8
&Unity authorized \0 do business in the Stale of FIoridB and olherwi8e
~l8Ible to owner; providICI, 1IOWeV1lI', me IUI1Ily ,nil lie I'IIl8d as '/lor'
or b8\ter 88 \0 general policy holder8 I'BlIng and CIa88 V or higher I'IIlIng
88 \0 ftnanclal size .....11 and the amount required 8ha11 not 8XlllIeCI
5% of the reporllId policy holders' surplus, aU .. reporWd in the most
cumlI1l8B8l Key Rating Guide. published by A.M. Best Company, Inc. of
75 Fulton SlrlIet, New York, New York 10038.
8. 1:81 Vendor shall ensure that all subcontractors comply With the same insurance
requil'BmBntll that he Is requil'Bcl to meet. The nme Vendor shall provide County with
certlficates of insurance meetilg the required Insurance provisions.
9. 181 Collier County must be named a8 "ADDlnoNAL INSURED" on the Insurance CertiflC8te
for Commercial Genel'Bl U8b1ity where required.
10. 181 Collier County Board of County Commisaionera shall be named as the Certificate Holder
and the certificate must l'Bad "For any and all work perfonned on behalf of Coller County.
NOTE: The "Certificate" should read as foIlow8:
. For any and all work performed on behalf of Collier County.
. Collier County Bolin! of County Commissioners, Napl.., Florida
No County DMsion, Department or individu81 name should appear on thB Certlficatll.
11. 18I Thirty (30) Days Cancellation Notk:e required.
Vendor's ........nce State..-
We understand the Insurance requirements of \he8e .~lCIIllons and lhallhe evidence 01 inaUrabRlty mil)'
be required within five (5) days of the -V of this sollal8tion,
Name of Finn MITCHELL & STARK CONST, CO.,INC, Date 12/20/10
~ -
Vendor
Signature
Print Name BRIAN PENNER CEO
Insurance
Agency
"'_ I ,'<~.- .. ^ c. ~
'f _ C ~~ ..L"u...)Ioot.I'I:/I,.,; ~
Agent Name N,"c. h. R..'''''+;S-J;r:;.,.Jc:>
Telephone
~n- ~'IV- 77.5''7
Numbel
33
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Mt'_A...~tI.... JI.
PwICl~
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM 1
Memorandum
Date:
December 14, 2010
From:
Brenda Brilhart, Purchasing Agent
Interested Bidders
To:
Subject:
Addendum # 1: RFP 10-5450 - "Asphalt ROBdway, Concrete, Curb, Sidewalk and
Driv_ay Installations"
The following clarifications are issued as an addendum identifying the following change (s) for
the referenced solicitation:
DELETE the following duplicated paragraph from Tab II, page 6:
2) Tab II: Proposer's Credentials, Previous Performance and Project Understanding
(Maximum 30 Points/Maximum 20 Pages):
Pre',:iae a S9VGr letter, sigRas try aA abltt.lsriz.eEf e#iser Gf the flFm. iAefieatiAi tAB b1RaaFfyiRg
pRil9ta~AY sf Ute JiFFFl iA f3Fe'.~i9iRi tRe sG.lf\"ieoc ttaWa Rer.eiR. IRslweJe tRB R8FRS(S), teler;lr..sA9
number(s), aREI er:Rail(s) aftRe abltRari:!eEl aentast l'leF6BA(s) e9AllElmiRg I'lFeI'lBsal. Sl:IbFAissiaR sf
a sigAsa PF8p9sal is PFepeser's 6er=tifisatiafl that tt:le PFef:jgeSr '.~Jill aese~t aAY CPJJaFEts FflaEle to
him as a m&bllt sf &aiEf ~bI~mis:s:iaA sf tl=l9 term€. SSPltaiAsa lABFeiR.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
c: Dan Hall, Project Manager
/.? ~ _, tf?~.-- e::!- ...- L tc. c.:~
tr.> ( I .... r'"
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AdlIUIb.....s.w..OiVIIbn
""'0:1"-0
Email: BrendaBrilhart@oolliergov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
/".-.....
'-~
ADDENDUM 2
Memorandum
Date:
December 17, 2010
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Addendum # 2: RFP 10-5450 - "Asphalt Roadway, Concrete, Curb, Sidewalk
and Driveway Installations"
The following clarifications are issued as an addendum identifying the following change (s) for
the referenced solicitation:
Subject:
CHANGE:
The E-Verify requirements were updated during the Board of County Commissioner's meeting
on 12/14/10 (10 E - G). The Board gave Purchasing the discretion to collect the E-Verify
documents (interpreted as a minor irregularity) if not submitted with the proposal. The proposer
could be given 1 - 3 business days to submit the documentation.
Page 23:
If the BidderNendor does not comDlv with Drovidina both the aCC8Dtable E-Verify
evidence and the executed affidavit the bidder's I vendor's DroDosal &hall be deemed
non-responsive. Documentation of these reauirements will Aet-be aCC8Dted after the bid
I DrODOsal deadline date.
1. Changed "shall" to "may"
2. Removed: Documentation of these reauirements will not be accepted after the bid /
proposal deadline date.
If you require additional information please post a question on the Online Bidding site or contact
me using the above contact information.
c: Dan Hall, Project Manager
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LG-cJ
REQUEST FOR PROPOSAL
Asphalt Roadway, Concrete, Curb,
Sidewalk and Driveway Installations!
RFP #10-5450
MASTER
Presented to:
Co.r County
- ....-
3894 Mannix Drive, Suite 216, Naples, FL 34114-5406
Phone: 239-435-7200, Fax: 239-435-7202
December 20, 2910
Packet Page -541-
3/22/2011 Item 9]
TAB I
COVER LETTER I
MANAGEMENT SUMMARY
II
Packet Page -542-
3/22/2011 Item 9.A.
LITV
1'"EAPAISEB
w..., 'NO
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December 20,2010
Collier County Board of County Commissioners
Purchasing Department
3327 Tamiami Trail East, Bldg "G"
Naples, Florida 34112
Attn: Brenda Brilhart, Purchasing Agent
RE: Collier County Board of County Commissioners
RFP #10-5450
Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Instanations
Dear Ms. Brilhart:
It is our pleasure to provide you with our proposal for RFP#IO-~450, "Asphalt Roadway,
Concrete, Curb, Sidewalk and Driveway Installations". Over the last several years,
Quality Enterprises has worked with Collier County under the current Annual Roadway
Contract as well as our Annual Underground Utility Contract. It is our understanding
that it is the Counties intent to obtain proposals from interested and qualified firms
offering to provide roadway, asphalt and concrete construction services in accordance
with RFP #10-5450. Furthermore, we understand the procedure that the County will
follow depending on the value of the project as outlined under Exhibit I.
We are proud of our versatility as a contractor which self performs the majority of our
contract work. This work includes underground utilities, earthwork, concrete curb and
sidewalk, limerock installation, asphalt milling and asphalt paving. Along with our vast
array of equipment, including excavators, loaders, milling' machine, rock crusher,
concrete silo and truck, asphalt paver and rollers, we are ready to assist Collier County in
their roadway construction program.
Our philosophy with all of our clients has always been, and will continue to be, that we
are here to provide a service to our clients for many years to come and not just for a
single project. This can be seen from the repeat business that we have done with Collier
County as well as other customers. In addition, we feel that we bring to the table a sense
of being a "team player" who is on board to complete the project ahead of schedule and
under budget, as well as assisting in overcoming unknown obstacles throughout a project.
Packet Page -543-
208 TIntem Col,lrt
Chelapuke. VA. 23310
(757) ........
Fax (757) 548-2600
l894 Mannix DfM!. Sutte 2'6
Naples. FL 34114-5406
C239}4!S-7200
FIX C239I 435-7Z02
lictClCA57231
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3/22/2011 Item 9.A.
Ms. Brenda Brilhart
December 20. 2010
Page 2
/'.
We are also pleased to inform you that RoadSafe Traffic Systems will be providing
linestriping and parking stop installation services as part of our team (please see attached
letter from RoadSafe in Tab II of this proposal).
Please contact the following QE personnel regarding proposals:
Marcie Cohen, mcohen@qe-usa.com
Lou Gaudio, i1zaudiolalae-usa.com
Paul Moriarty, pmoriartvlalae-usa.com
Richard R. Sticko, rslickolalae-usa.com
Telephone (239) 435-7200
Fax (239) 435-7202
Please contact me directly should you have any questions regarding this proposal.
Very truly yours,
~~
--'~
. Louis. (""audio ~
Vice President
Packet Pa ge -544-
3/22/2011 Item 9.A.
TAB II
PROPOSER'S CREDENTIALS,
PREVIOUS PERFORMANCE AND
PROJECT UNDERSTANDING
II
Packet Page -545-
3/22/2011 Item 9.A.
.
II. PROPOSER'S CREDENTIALS. PREVIOUS PERFORMANCE AND PROJECT
UNDERSTANDING
/"
Quality Enterprises has been in business since 1969 and has been working in the Naples area since 1994
performing roadway and utility projects for local municipalities such as Collier County, City of Naples,
City of Marco Island and Lee County, as well as on the state and federal level for FOOT, OEP, The
National Park Service and ACOE. We are an FOOT approved contractor certified to do debris removal,
drainage, flexible paving, grading, Hot Plant mix bituminous courses, Intermediate bridges, minor
bridges, portland cement concrete, sidewalks, curbs and gutters, driveways and utilities, and pump
stations (please see attached FOOT Certification). In addition, Quality Enterprises has certified MOT
personnel who will be assigned to any projects constructed under this contract (see attached MOT
Certifications).
Over the last several years, Quality Enterprises has successfully completed several contracts for Collier
County under the Annual Roadway Contract, all of which were completed on time and within budget.
A few examples of these projects are:
.
. Eagle Lakes Pond C Paving - $117,588.80 (On budget)
. Radio Rd Intersection Improvements @ Corporate Square Park - $ 77,515.30 (under budget by
$1,399.41)
. Radio Rd Intersection Improvements @ Livingston Rd - $ 270,436.S0 (under budget by
$57,607.63 )
. Installation of Sidewalks on 53'" Street - $ 29,839.00 (On Budget)
. Rock Road MSTU - Limerock Road Improvements - $15,466.50 (On Budget)
. Airport-Pulling Rd Median Improvements at YMCA - $63,888.84 (under budget)
The above projects included earthwork, concrete curb and sidewalk, limerock installation and asphalt
paving, and Maintenance of Traffic, all of which were self performed by Quality Enterprises.
It is our understanding that the intent of this RFP is for the county to select qualified firms to perform
work for Collier County in constructing roadways, turn lanes, formed curbing, ale pads, building pads,
sidewalks, footers, block walls, ornamental concrete coatings, tie beams, concrete repair, pool decks,
patios, driveways, slabs, continuous curbing, clearing and preparation of site, concrete pumping,
columns, keystone-stucco coatings and pavers, asphalt drives and parking areas as well as any and all
related walkway or driving surfaces. The scope of work may also include finishing of parking and
driveway areas with painting, parking stops or other necessary features to complete driveway or parking
areas.
.
As can be seen from the example projects listed above, the Quality Enterprises USA, Inc. team has
successfully been providing these services to Collier County for many years and is looking forward to
continuing these services for many more years to come. Based on this success, we do not see any issues
or concerns of significance with continuing to provide our services to Collier County.
Packet Page -546-
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~ RECEIVED S.}/t7j~~,p Item 9.A.
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, Fl32399-0450
STEPHANIE C. ICOPELOUSOS
SECRETARY
September 8, 2010
QUALITY ENTERPRISES USA, INC.
3894 MANNIX DR STE 216
NAPLES FL 34114-5406
*REVISED*
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
The Department of Transportation has qualified your company for the amount and
the type of work indicated below. Unless your company is notified otherwise, this
rating will expire 6/30/2011. However, the new application is due 4/30/2011.
In aooordano.. with 8.337.14 (1) F.S. your n..xt appli.cati.on must be fi.l"d with:in
(4) aonths of the ending elate of th.. applicant's audited annual fi.nancial
..tat....ants and, if applicable, the audited i.nterim finano:l..al stateaDents. Section
337.14 (4) F.S. provides that your certificate will be valid for 18 months after
your financial statement date. This gives a two month period to allow you to bid
on jobs as we process your new application for qualification. To remain qualified
with the Department, a new application must be submitted subsequent to any
.significant change in the financial position or the structure of your firm as
described in Section 14-22.005(3), Florida Administrative Code.
Your company'.. maximum capaoity rat:l..ng has bean established.
log ~nto the Contractor Prequalification Application System
link:
https://www3.dot.state.fl.us/ContractorPreQualificationl
To access it, please
via the following
Once logged in, select "View" for the most recently approved application, and then
click the flManagell and "Application Summaryrl tabs.
FOOT APPROVED WORK CLASSES:
DEBRIS REMOVAL (BMBRGa::NCl'i, CtRAE'~AG:, r::"E:-:I~~E pr~~JT'.~~, GR.AD!NG, HOT PLANT-MIXED
BITUM. COURSES, INTERMEDIATE BRIDGES, MXNOR BRIDGES, PORTLAND CEMENT CONCRETE
FOO:r APPROVED SPECIALITY CLASSES OF WORK:
SIDEWALKS, CURBS & GUTTERS, DRIVEWAYS AND UTILITIES (WATER, SEWER & FORCE MAIN)
AND POMP STATION.
.. . - ... us
Packet Page -547-
* RECYCLED PAPER
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3/22/2011 Item 9.A.
QUALITY ENTERPRISES USA, INC.
September 8, 2010
Page two
~..,
You may apply, in writing, for a Revised Certificate of Qualification at any time
prior to the expiration date of this certificate according to Section
14-22.0041(3), Florida Administrative Code. Please be advised if certification
in additional classes of work is desired, documentation is needed to show that
your company has done such work with your own forces and equipment or that
experience was gained with another contractor and that you have the necessary
equipment for each additional class of work requested.
Sincerely,
c::::R~ ~
Juanita Moore, Manager
Contracts Administration Office
JM:cj
Packet Page -548-
3/22/2011 Item 9.A.
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~ AMERICAN TRAFFIC SAFETY
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liFE. "'''II'' 1Il11 T/w; is to affirm that ID #37
Mr. Terry Quick
has satisfactorily completed the
Florida Advanced Work Zooe
Traffic Control Course
Date Completed:216f2009 Status:Passed Final
Location:Brando", FL Instructor:Ms. c.th...... G. Won
Date Refresher Course Required:Z16/2013
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IIfIl 11I11 1111 Lilli This is to aJfum that ID #37
Mr. Derek Quick
has satiifactorily completed the
Florida Advanced Work Zone
Traffic: Control Course
Date Completed:2/612009 Status:Passed Filial
Location:BrandoD, FL ]nstructor:Ms. Catherine G. Will
Date Refresher Course Required:216/2013
.
Packet Page -554-
3/22/2011 Item 9.A.
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RoadSafel~
TRAFFIC SYSTEMS '-':1
Qual~ Enterprises
Roadsafe Traffic Systems will be partnering witI1 Quality Enterpri..... to provide the linesbiping for,
Collier County Project RFP 10-5450 Aspha~ Roadway, Concrete Culb. Sidewalk, and Driveway
InstaUations".
Thank you,
Doug Crouse
Head Estimator
Roadsafe Traffic Systems
8031 Mainline Parkway
Fl. Myers, FI33912
Tel. (239) 333-4888
Fax (239) 333-4889
Packet Page -555-
3/22/2011 Item 9.A.
TAB III
COST OF SERVICES
TO THE COUNTY
Packet Page -556-
3/22/2011 Item 9.A.
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3/22/2011 Item 9.A.
III. Cost of Services to the County
Hourly rates listed below:
, Cost per hour per employee for regular business hours Monday through Friday,
8:00 a.m. to 5:00 p.m.
Foreman/Supervisor $65.00 per hour
Skilled Worker $60.00 per hour
General Labor $45.00 per hour
Percentage of mark-up over actual cost for materials and
parts as per example: 200A,
Example: Parts invoice Total $1,200 + 35% Markup =
$1,620 Actual Price for materials and parts
Cost per hour per employee for
Overtime and Weekend Hours
Foreman/Suoervisor $84.50 per hour
Skilled Worker $78.00 per hour
General Labor $58.50 per hour
Foreman's per hour rate + 2 general laborer's
rate + ($1,000 [cost of parts] + % mark-up) = $1.355.00
bid for purpose of evaluation.
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3/22/2011 Item 9.A. i
TAB IV
8T AFF/SUBCONTRACTORS
CREDENTIALS
Packet Page -558-
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3/22/2011 Item 9.A.
IV. STAFF/SUBCONTRACTOR CREDENTIALS
The following is the Quality Enterprises Staff which will be ready, willing and able to assist Collier
County with their Roadway Project needs.
Louis J. Gaudio - Project Manager
Paul J. Moriarty - General Superintendent
Richard R. Slicko - Project Estimator
Angelo Acevedo - Safety Manager
3894 Mannix Drive
Suite 216
Naples, Florida 34119-S406
Telephone: (239) 435-7200
Fax: (239) 435-7202
In addition to the above personnel, RoadSafe Traffic Systems is part of the QE Team providing
linestriping, signage and parking stop needs.
Project Plan af AaDroach
For each project that Quality Enterprises undertakes, a thorough review of the plans will be
performed by Rick Slicko to determine project cost and estimates to the County. Once projects
are awarded, Louis Gaudio will handle the project as the project manager. His task will entail
purchasing of materials, permits, creating CPM and submission of same, coordinating
subcontractors (if any are required) and direct communication with County personnel and
County Engineers. Paul Moriarty will oversee all field operations, including but not limited to
manpower, equipment, acquisition of materials, etc. Finally, the project will be visited by
Angelo Acevedo to confirm that all work is being conducted in a safe manner.
Following are resumes and references for each of the above listed personnel.
Packet Page -559-
.
Education:
Certifications..
Experience:
.
References:
.
3/22/2011 Item 9.A.
, ,
RESUME
-"
LOUIS J GAUDIO - Vice President, Project Management
Bachelor of Science - Civil Engineer, 1993
Polytechnic University - New York
E.l.T.
10 Hour OSHA Course
Project Manager (0712004 - Present)
Quality Enterprises USA, Inc. - Naples, FL
Project General Superintendent (1211999 - 07/2004)
Project Superintendent / Engineer (1211995 -11/1999)
Assistant Superintendent (10/1994 -11/1995)
Estimator (06/1993 - 09/1994)
Petracca & Sons, Inc. - Whitestone, NY
Assistant Superintendent (05/1989 - 05/1993)
Roman Roads Construction - College Point, NY
. Collier Counly Transportation - Golden Gate at 50~ St Drainage & Roadway Improvemen1s
Ref: Jim Zuver (239) 253-1999
.
US Army Corps of Engineers - Mobile District
IDtQ Contract along Coastal Mississippi
Ref: Nate Lovelace (251) 802-2010
City of Naples Stormwater Project's - Various Projecfs
Ref: Bob Thomas (239) 253-8279
Cily of Marco Island - Reconstruction of South Collier Boulevard
- Seaview Court Drainage Improvements
- Reconstruction of North Collier Boulevard
- West WintertJerry Sewer District
- South Barfield Sewer District
Ref: Mike Daniel (239) 825-9554
Packet Page -560-
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Education:
Certifications:
Applicable Training:
.
Experience.
References:
.
3/22/2011 Item 9.A.
PAUL J. MORIARTY - Vice President
General Superintendent
Green Run High School
1984
Plumbing Mechanical Apprenticeship
Norfolk Vacational Technical School
1984-1989
Virginia - Plumbing Ucense
OSHA 4O-Hour Cerlificalion, Hazardous Wastll Operations & Emergency Response,
Reactives Management Corp., 1992.
OSHAS-HourRefresherCourse, 1993, 1994,1996, 1997, 1999.
OSHAS-Hour HazWOPER SupervIsOr Course, 1994.
OSHA Confined Space Entry Course, 1997.
U.S. Army Corps of Engineers Training Course, Construcbon QuaHty Management
for Contractols (COC) 1997
Maintenance of Traffic Certification, FDOT
VICe President (2002 - Present)
General Superintendent I Project Manager (1991 - Present)
Quality Enterprises USA. Inc.
NllPles, FL
Plumbing Mechanic (1984-1991)
Byler Plumbing Company, Inc.
Virginia Beach, VA
Collier County - Emergency Repairs Various Locations (2002 thru current)
Ret Pam Libby (239) 252-6245
RESUME
District School Board of Collier County - Emergency Repairs Various Lacations (2007 thru current)
Ret Bill Robinson (239) 249-9974
Collier County - Golden Gale Parkway at 50" Street
Ref. Jim Zuver (239) 253-1999
Co/lier County StDrmwater projecrs - VariOus Projects
Ref. Jerry Kurtz (239) 253-7251
City of Marco Island - Reconstruction of South Co/~er Boulevard
Reconstruction of North Collier Boulevard
West Winterberry Sewer District
South Barlield Sewer District
Ref: Mike Daniel (239) 825-9554
Packet Page -561-
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3/22/2011 Item 9.A.
RESUME
,
RICHARD R. SUCKO - Estimator
Education.' Bachelor of Science - Construction Engineering, 1971
Associate Degree - Architectural Engineering, 1969
Purdue University
Management Courses, 1976-1977
University of Washington
Florida Dept ofTransportation Courses, 1985-1988
Miami-Dade Micro Computer Institute
Certifications. Maintenance of Traffic - Traffic Control Supervisor, A TSSA, 1999
Experience. Vice President (2003 - Present)
Estimator I Contracts Administration (2002 - Present)
Quality Enterprises USA, Inc.
General Superintendent (1999-2002)
. Cross Country Underground - Naples, FL
Superintendent (1996-1999)
Better Roads, Inc. - Naples, FL
Construction Manager (1994-1996)
Naples Road Building Corp. - Naples, FL
Projects,
.
References'
Estimator I Project Manager (199:>'1994)
Florida State Underground - Naples, FL
Collier County. Vanderbilt Beach Road, Naples, FL - Box Culverts
City of Fort Myers - Community Park Construcliol1
Southwest Regional AIrport. Ft Myers. FL - Taxiway Resurfacing
City of Marco ISland - Storm Drainage Improvements - multi sites
Big Cypress Nat'1 Pari< - Scenic Corridor Visitor Safety Highway Improvements
Big Cypress Nat'1 Pari< - Asphalt Parking Lol
City of Naples. Naples Landing Pari< - Sidewalk ConstructiOn
US 41 Collier County FL - '1 Mile Widening & ResurfaCing
SR 29 laBelle FL - 1 C Mile Widening. Bndge Modifications & Resurfacmg
US 41, FI Myers FL - 3 Mile / 6 Lane Construction & New Bridge
Airport Rd, Naples FL - 5 Mile /6 Lane New Drall1age
liVingston Rd. Naples FL - 9 Mile 16 Lane Roadway Construchon
Immokalee Rd. Naples FL - 4 Mile 14 Lane New Drainage & Canal Modification
Palm River, Naples FL - Bridge Reconstruction
Collier County Engineering. Daryl Hughes (239) 252-2317 or (239) 877.8146
City of Naples Public Works, George Archibald (239)213-5003
City of Marco Island. Mike Daniei (239) 825-9554
Packet Page -562-
~
Education:
Experience:
~_.
3/22/2011 Item 9.A.
RESUME
ANGELO L ACEVEDO - Safety Manger (Bi-linguS)
Private Investigator/Security - 1991
Central Investigation & Security - SaM Lake City, Utah
Criminal Justice General Law Enforcement -1987
William Patel1iOn College - Wayne, New Jersey
Diploma - 1983
Passaic County Tech High - Wayne, New Je/sey
Safety Manager (0512006 - Present)
Quality Enterprises USA, Inc. - Naples, FL
Forklift Oliver / Safety (2004 - 2006)
Mohawk Industries, Inc. - Fort Myers, FL
Forklift Oliver (2003 - 2004)
Dean Steel Buildings, Inc. - Fort Myers, FL
Safety Assistant Manager (1996 - 2003)
A & M Contractor Co. - Patel1iOn, NJ
Quality COntrollSafety Management (1995 - 2002)
Garden State Paper Co. - Garfield, NJ
CertJflcatlOr1S.. 2009 Workzone Traffic Control
2007 OSHA 30 Hour Training Course
2006 Asbestos Contractor / Supervisor Course
2006 Master Trainer Course - Hazcom, Fall Protection, Sling/Ladder/lifting Safety,
Emergency Response, Bloodbome Pathogens, Safety Orientation, lockoutfTagout,
and Powered Industrial Trucks
2006 Microbial Remediation for the Asbestos Supervisor - 32 Hour Course
2006 Adutt CPR / AED - American Red Cross
2006 First Aid - American Red Cross
2006 Trench Safety program - National Utility Contractors Association
2004 Safety Awareness for Forklift Equipment
1998 First Response Team - Bergen County Policy & Fire Academyc
1997 Fol1dift Safety Training
1991 Bail Enforcement Agent - Bail U.S.A.
References. City of Marco Island, Mike Daniel (239) 825-9554
Collier County PUED, Diana Dueli (239) 252-4218
Liberty Mutual Loss Control Service Director, Mark Irvine, CPCU (407) 389-8325
.
.--.
Packet Page -563-
3/22/2011 Item 9.A.
"
TAB V
CORPORATE EXPERIENCE AND
CAPACITY CURRENT WORKLOAD
\
Packet Pa ge -564-
".
--
--
3/22/2011 Item 9.A.
V. CORPORATE EXPERIENCE & CAPACITY CURRENT WORKLOAD
Our current work load will have no effect on our ability to perform work under this
proposal. Quality Enterprises has the ability to add manpower and equipment as
necessary to fulfill contractual obligations to all owners. This ability lies in the fact that
we can pull needed manpower and equipment from our Virginia office as needed.
We have attached for your review the projects that Quality Enterprises has completed for
Collier County over the last several years. In addition to this work listed, Quality
Enterprises has successfully completed millions of dollars of work for City of Marco
Island, FOOT and Naples Airport Authority, to name a few. Following is a list of some
of these projects which demonstrates our ability to perform work under tight schedules
and budgets.
City of Marco Island - Reconstruction of South Collier Blvd - Installation of
underground utilities, roadway stabilization, lirnerock installation, curbs and sidewalks
and asphalt paving. Achieved $200,000.00 early completion bonus for Phase I of project
FDOT - SR82 Ramp Improvements - Widening of 175 Exit Ramps to SR82. Project
included roadway stabilization, lirnerock installation, asphalt milling and placement of
asphalt. Achieved a Contractors Past Performance Rating Grade of 102, highest grade
possible by FOOT.
NAA - Taxilane "E" Extension. Project included earthwork, stabilization, installation of
limerock and placement of P401 asphalt mix.
The vast majority of the above work was self performed by Quality Enterprises. The
only work that was subcontracted was line striping, landscaping and irrigation.
All of these projects were managed and overseen successfully by the personnel listed in
Tab IV of this RFP. In addition, alllinestriping and signage for these projects were done
by RoadSafe (formally known as Trutwin Industries).
Quality Enterprises has provided these and similar services to owners for nearly 40 years.
Currently, Quality Enterprises employs over 60 personnel out of our Naples office. In
addition, we are currently bondable up to $50 million with FOOT and are state approved
to provide services in underground utility, roadway construction and intermediate bridge
work.
Packet Page -565-
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TAB VI
CUSTOMER AND
REFERENCE LISTING
II
3/22/2011 Item 9.A.
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T AS VII
ACCEPTANCE OF CONDITIONS
II
Packet Page -569-
.
.
.
3/22/2011 Item 9.A.
VII. ACCEPTANCE OF CONO/nONS
/'
INSURANCE REQUIREMENTS:
1. Indemnification - Based on our Insurance Agent's previous conversation with Mr, Jeff
Walker in the Collier County Risk Management Department, It Is understood that all
liabilities assumed under the indemnification clause in this contract are not covered by
insurance. In other words, the liabilities assumed under this Indemnification clause are
broader than those covered in insurance contracts. The terms and conditions of ISO fonns
preclude covering ALL liabilities.
The points described above are submitted as points of clarifICation and do not represent material
exceptions to the insurance requirements in this contract.
Packet Page -570-
3/22/2011 Item 9.A.
TAB VIII
REQUIRED FORM SUBMITTALS
II
Packet Page -571-
3/22/2011 Item 9.A.
Attachment 1
.
Collier County Board of County Commissioners
Purchasing Department
Vendor Check List
,,-
IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces
indicated and return with your Proposal. Vendor should check off each of the following items as the
necessary action is completed:
rn The Proposal has been signed,
[!J All applicable forms have been signed and included, along with licenses to complete the
requirements of the project.
[i] Any addenda have been signed and included,
[XJ The mailing envelope 'has been addressed to:
Collier County Board of County Commissioners
Purchasing Department, Building 'G'
3327 Tamiami Trail, East
Naples, Florida 34112
Altn: Brenda Brilhart, Purchasing Agent
~ The mailing envelope must be sealed and marked with Proposal Number. Proposal Title and
Due Date.
. The Proposal will be mailed or delivered in time to be received no later than the specified due date
and time. (Otherwise Proposal cannot be considered.)
,..-
ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE
OUTSIDE OF THE COURIER PACKET.
Name of Firm:
Quality Enterprises USA. Inc.
Address:
3894 Mannix Drive, Suite 216
City, State, Zip:
Naples, Florida 34114-5406
Telephone:
239-435-7200
Email:
LGAUDIO@QE-USA.COM
C-:~
Representative Signature:
Representative Name:
Louis J. Gaudio. Vice Presjd~nt
Date 17/7n/10
,
.
RFP 10-5450
25
Packet Page -572-
3/22/2011 Item 9.A.
.., ~a
Attachment 2
..
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective
Vendors not wishing to respond to this solicitation.
Vendor's Non-Response Statement
If your firm is not responding to this RFP, please Indicate the reason(s) by checking the item(s) listed
below and retum this form via email or fax, noted on the cover page, or mail to Collier County Purchasing
Department, 3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this RFP for the following reason(s):
o Services requested not available through our company.
o Our firm could not meet specifications/scope of work.
o Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)
o Project is too small.
o Insufficient time allowed for preparation of response.
o Incorrect address used. Please correct mailing address:
.
D Other reason(s):
Name of Firm:
Address:
City, State, Zip:
Telephone:
Email:
Representative Signature:
Representative Name:
Date
.
RFP 10-5450
26
Packet Page -573-
3/22/2011 Item 9.A.
Attachment 3
.
Conflict of I nterest Affidavit
r
By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses. that,
to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned
interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed
work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been
fully disclosed.
Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the
Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises
during the contract and/or project duration.
Firm:
Qualitv Enterprises USA, Inc.
~ 6~~ '
Signature and Date:
Print Name
Title of Signatory
Louis J. Gaudio
Vice President
State of
.ounty of
SUBSCRIBED AND SWORN to before me this
by Louis J. Gaudio
Florida
Collier
....
Vice President
20th day of December ,2010,
, who is personally known to me to be the
-
for the Firm, OR who produced the following
identification N / A
'~ f;(l~
Notary Public
> IIAIlCE LCXIIEN
j"l MY COMMISSIOII f DO 94D5i 1
EXPIRES: February 11, 2014
_~.~~U_
.
RF P 10-5450
27
Packet Pa ge -574-
3/22/2011 Item 9.A.
Attachment 4
--
Vendor Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Govemment Complex
Naples, Florida 34112
RE: RFP NO. 10-5450 -- "Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations"
Dear Commissioners:
The undersigned, as Vendor declares that this proposal is made without connection or arrangement with
any other person and this proposal is in every respect fair and made in good faith, without collusion or
fraud.
The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of
establishing a formal contractual relationship between the firm and Collier County, for the performance of
all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the
proposal documents listed by RFP # 10-5450.
.
(Proposal Continued on Next Page)
.
RFP 10-5450
28
Packet Page -575-
3/22/2011 Item 9.A.
PROPOSAL CONTINUED
, 2010 in
...N WITNESS WHEREOF, WE have hereunto subscribed our names on this -2.Qth day of Decemher
~ County of Collier , in the State of Florida .
Firm's legal Name:
Address:
City, State. Zip Code:
Florida Certificate of
Authority Document Number:
Federal Tax Identification
Number
Telephone:
FAX:
Check on of the following:
Signature by:
(Typed and writlen)
TiUe:
.send payments to:
required If different from above)
Contact name:
Title:
Address:
City, State, ZIP
Telephone:
FAX:
Emsil:
Office servicing Collier
County to place orders
(required If dlfferenl from above)
Contact name:
Tille:
Address:
City, State. ZIP
. Telephone:
RFP 10-5450
/"
Quality Enterprises USA, Inc.
3894 Mannix Drive, Suite 216
Naples, Florida 34114-5406
F95000002550
54-0947002
239-435-7200
239-435-7202
o Sole Proprietorship
[X] Corp or P. A. State of VirginiA
o General Partnership
o ;:mited '7c:J _"
l
Louis J. Gaudio
Vice President
Additional Contact Information
Company name used as payee
;-
Email
29
Packet Page -576-
3/22/2011 Item 9.A.
~~
. --
- Ai I;' Mdi.... SeIVice8 Division
Purdwsilg
Attachment 5
Immigration Affidavit Certification
RFP #: 10-5450
Title: Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
This Affidavit is required and should be signed. notarized by an authorized principal of the firm and submitted wtlh
fonnallnvitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors I 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
properiy 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 acceDtable evidence of enrollment
in the E-Verlfv proaram. shall deem the Vendor I Bidder's proposal 88 non-responsive. Documentation of
these reauirements will not be accepted after the bid / proposal deadline date.
Collier County will not intentio~ally award County contracts to any vendor who knowingiy employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 are) 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 Eligiblltly Verification System
erE-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
, at the time of submission of the Vendor's I Bidder's proposal.
Company Name
Qual i r.y "Rnt.p.Tpri !CI;p.~ n~A, Tn("
Print Name
Louis J. Gaudi 0
, -J
C---- ~
Title ,,-i,.o 1>.,..o.o-l,1o.'I'It-
Signature
Date 12120/]0
State of Florida
County of Con 111 ..r
The. foregoing instrument was signed and acknowledged before me this ~Oth day of December
20 10, by
T md ~ T r.""n; n who has produced N I A - Knnwn as identification.
(Print or Type Name) (Type of IdentifICation and Number)
. --1,
UARaE L COHEN
MY OOMMISS1ON' 00940581
EXPIRES: Februll'f 11. 2014
_Tllru__U-....
Notary Public Signature
Printed Name of Notary Public
DD g40581 2/11/14
Notary Commission NumberlExpiration
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.
RFP 10-5450
30
Packet Page -577-
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Edtt Company Profile
Me! New User
VewE'xlStmg Users
Claw Company Account
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Company Information
Complllly M.....:
OUAUTY ENTERPRISES USA. INC
Company 10 Number:
Dolng B........ As (DBAl
Name:
DUNS Number:
234;219
PhyBk:al Location:
Add,.ss 1:
Add..... 2:
City:
Stat~
Zip Code:
County:
Mailing AddrMa:
Address 1:
Addrea 2:
City:
State:
Zip Code:
208 T1NTERN CT
CHESAPEAKE
VA
23320
CHESAPEAKE CITY
Addlllonallnfonnallon:
Employer IdafttfficMJon Number. 540947002
Total Number of Employ...: 100 10 499
Pllftlnt Organization:
Administrator: (~UAln'r' ENTERPRISeS U$A INC
Organization Designallon:
Employer elitegot)': Federal Conlrador without FARE-Verify Clause
NAICS Code:
238 . SPECIAL TV TRADE CONTRACTORS
Total Hiring SH..:
Total Points of Contact '
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101191201 0
3/22/2011 Item 9.A.
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Adn1nislraliw SeIvices Ovlsion
Purchasing
Attachment 6
Affidavit for Claiming Status as a Local Business
RFP #:10.5450 Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations
(Check Appropriate Boxes Below)
State of Florida (Select County if Vendor is described as a Local Business
I:xI Collier County 0 Lee County
.
Vendor affirms that it is a iocal 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 'Iocal 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 verlfiabie 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 eiigible for
consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established in IX)CoIlier County or 0 Lee County: 1994
Number of Employees (Including Owner(s) or Corporate Officers): 165
Number of Employees Living in I:xI Collier County or 0 Lee (Including Owner(s) or Corporate
Officers): 79
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: Quality Enterprises USA, Inc.
Signature: ( .~ c=?
'LoUis J. Gaudio
STATE OF FLORIDA
IX) COLLIER COUNTY 0 LEE COUNTY
Date: 12/20/10
Title: Vice President
.
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Sworn to and Subscribed Before Me, a Notary Public. for the above State and County, on this
~a~lJX~mbe~ ,2010.
Notary Public
My Commission Expires: 2/11/14
(AFFIX OFFICIAL SEAL)
IIARCIE L. COHEN
MVCOIIt.IIIl81ON.IlD-1
EXP\N!S' F_ 11.2014
_TtInlNollly---
Packet Page -579-
RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.A.
.
1.~i.lI'!!I1@I'liI."d 'Type
1 . ~ Worker's
Compensation
Attachment 7
Collier County Florida
Insurance and Bonding Requirements
"
Required Umlts
Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Government Statutory Limits and Requirements
2. ~ Employer's Liabiiity $1,000.000 singie limit per occurrence
3. ~ Commercial General Bodily Injury and Property Damage
Liability (Occurrence
Form) patterned after the $2,000,000 singie limit per occurrence
current ISO form
4. [8J Indemnification
.
4. [8J Automobile Liability
To the maximum extent permitted by Florida law, the
ContractorlVendorlConsultant 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
ContractorlVendorlConsultant or anyone employed or utilized by the
ContractorlVendor/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.
$ 2.000.000 Each Occurrence; Bodiiy Injury & Property Damage,
Owned/Non-ownedlHired; Automobile Included
$
-Per
5. 0 Other insurance as 0 Pollution
noted: Occurrence
6. 0 Bid bond
.
7. lSJ Performance and
Payment Bonds
o Professional Liability $ Per
Occurrence
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
o Valuable Papers Insurance
Occurrence
$
Per
Shall be subm itted 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 Depostt Insurance Corporation.
For projects in excess of $200,000, bonds shall be submitted with the
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
32
Packet Page -580-
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RFP 09-5197 Annual Contract for Roadway Contractors
3/22/2011 Item 9.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.
C8J 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.
C8J Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate
for Commercial General liability where required.
10. C8J Collier County Board of County Commissioners shall be named as the Certificate Holder
and the certificate' must read "For any and all work performed on behalf of Collier County.
9.
NOTE: The "Certificate' should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. C8J 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 Quality Enterprises USA. rnc.
Date 12/20/10
Vendor
Signature
~.~
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..--.....
Print Name
Louis J. Gaudio. Vice President
Insurance
Agency
Rutherfoord
Agent Name
Herb Moss
Telephone
757-456-0577
Number
33
Packet Page -581-
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STATE OF FLORIDA 3/22/2011 Item 9.A.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
/
MURRELL, HOWARD J JR
QUALITY ENTERPRISES USA,
2827 SILVERLEAF LN
NAPLES
INC.
FL 34105
Congratulations! With th is license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from archltecl:s to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every dey we work to improve the way we do business in order to serve you better
For information about our services, please log onto www.myflorldallcen..e.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and leam more about the
Department's initiatives.
a mission at the Pepartment is: License Efficiently, Reguiate Fairly. We
~antly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
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STATE OF FLORIDA
DEPARTMENT OF BUSINESS
AND PROFESSIONAL REGULATIC}/22/2ol1ltem 9.A.
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
MURRELL, HOWARD J JR
QUALITY ENTERPRISES USA, INC.
2827 SILVERLEAP LN
NAPLES PL 34105
tEmission at the Department is: License Efficiently. RegUlate Fairly. We
ntly strive to serve you better so that you can serve your customers.
~'. nk you for doing business in Florida, and congratulations on your new license!
l,-~; e!,\(
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
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3/22/2011 Item 9.A.
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LOCATION: 3894 MANNIX DR #216
ZONED: COMMlPUD
BUSINESS PHONE; 43&-7200
STATE L1C: CB CA57231
COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER:
COLLIER COUNTY TAX COLLECTOR - 2800 N. HORSESHOE DRIVE - NAPLES FLORIDA 34104 - (239) 252-2477
VISIT OUR WEBSITE AT: www"colliert8JtCOm
THIS RECEIPT EXPIRES SEPTEMBER 30, 2011
DISPLAY AT PLACE OF BUSINESS FOR PUBUC INSPECTION
FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS.
0,,",~63
ENTERPRISES USA, INC.
LL, HOWARD J JR
NNIX OR #216
FL 34114-5406
NUMBER OF EMPLOYEES: 31-40 EMPLOYEES
CLASSIFICATION:SUILDING CONlRACTOR
CLASSIFICATION CODE: 051ll4804
DATE
AMOUNT
RECEIPT
07/1312010
noo
1515.40
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.
COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 013830
COLLIER COUNTY TAX COLLECTOR - 2800 N" HORSESHOE DRIVE. NAPLES FLORIDA 34104 - (239) 252-2477
VISIT OUR WEBSITE AT: www.colliertncom
THIS RECEIPT EXPIRES SEPTEMBER 30, 2011
FL
34114 - 5406
LOCATION: 3894 MANNIX DR #216
ZONED; COMMlPUD
BUSINESS PHONE: 435-7200
STATE L1C: CUC 057398
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NUMBER OF EMPLOYEES; 31-40 EMPLOYEES \
CLASSIFICATION:lJNDERGROUND LJTlUEXCAVATING
CLASSIFICATION COOE: 05102804
DATE
AMOUNT
RECEIPT
0711312010
noo
1516.40
This document is a business tax only. This is not certification,that'li
It does not permit the licensee to violate any existing regulatory zOning
.5 it exempt the licensMl from any other taxes or permlis thalniily be
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Packet Pa ge -584-
3/22/2011 Item 9.A.
State of Florida
Department of State
I certify from the records of this office that QUALITY ENTERPRISES
USA, me. is a corporation organized under the laws of Virginia,
authorized to transact business in the State of Florida, qualified on May
25, 1995.
The document number of this corporation is F95000002550.
I further certify that said corporation has paid all fees due this office
through December 31,2010, that its most recent annual report was filed
on February 5, 2010, and its status is active.
I further certify that said corporation has not filed a Certificate of
Withdrawal.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the Fifth
day of FebrlUlry, 2010
~'(j
Secretary of State
Authentication 10: 900168086459-02051Q-F950000025SO
To authenticate this certificate.visit the following site, enter this
ID, and then follow the instructions displayed.
https:/lefile.sunbiz.org/certauthver.html
Packet Pa ge -585-