Agenda 04/12/2011 Item #16D1
4/12/2011 Item 16.0.1,
EXECllTIVE SUMMARY
Recommendation to approve a change order for a project award extension in excess of six
(6) months for grant-related residential rehabilitation activities funded by the Collier
County Neighborhood Stabilization Program.
OBJECTIVE: To approve a change order for a project award extension in excess of six (6)
months for grant-related residential rehabilitation activities funded by the Collier County
Neighborhood Stabilization Program.
CONSIDERATIONS: On March 24, 2009, agenda item 10F, the Board of County
Commissioners approved the Administrative Plan for operation of the Neighborhood
Stabilization Program (NSP). The Plan was subsequently amended on October 27, 2009 under
agenda item 1608. The purpose of the Administrative PIWl is to provide guidelines on areas
such as acquisition and rehabilitation when purchasing properties under the Neighborhood
Stabilization Program.
Section IX(C)(iii) of the NSP Administrative Plan states "extensions greater than six (6) months
time must be approved by the Collier County Board of County Commissioners." The
Administrative Plan does not clearly delineate between contracts and project awards. Vendors
working on NSP homes are under active contracts approved by the Board of County
Commissioners. Projects are awarded to the lowest, qualified, and responsive quoter under the
contract on an as-needed basis.
The extension requested by this item does not extend the vendor contract. which will expire
September 14, 20 II; a copy of lhe contract, and renewal nOlice, is altached to this item. Rather,
approval of this item will extend the project award in order 10 seeure final payment to the vendor
for work perfonned. Although this project extension does not require Board of County
Commissioners' approval under the Purchasing Policy, due to the lack of specificity in the NSP
Administralive Plan, approval is being requested.
The following project was competitively procured and awarded to the lowest, qualified, and
responsive quoter under the contract. Due to unforeseen delays in the rehabilitation process,
cumulative extensions greater than six (6) months wcre rcquircd in order to complete the
necessary work on the subject property lisled below. Work onlhe subjecl propcrty is complete
wld the home is being prepared for rcsalc to an NSP eligible person or fwnily. The following
table details the timelinc of the project:
I vendorl~~te Address
lfk;;;J;~ood Construction C~~3 t 32""Ave S\\,-
Project St
Datc
Ot/t ::'201
art I Current Extended
Project End Project End
Date Date --
0 I 04'::820 t 0 11/01/::010
Approval of this item will provide Board of County Commissioners' aulhorization to extend the
above rcferenced project and authorize payment of all eligible invoices received up to thc ncw
date listed above as "Extended Projecl End Dale".
FISCAL IMPACT: None.
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4/12/2011 Item 16.D.1.
GROWTH MANAGEMENT IMPACT: Implementation of the Neighborhood Stabilization
Program will further the goals and objectives of the Housing Element of the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. This item requires a majority vote. - JEW
STAFF RECOMMENDATION: To approve a change order for a project award extension in
excess of six (6) months for grant-related residential rehabilitation activities funded by the
Collier County Neighborhood Stabilization Program.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
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4/12/2011 Item 16.0.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve a change order for a project award
extension in excess of six (6) months for grant-related residential rehabilitation activities
funded by the Collier County Neighborhood Stabilization Program.
Meeting Date: 4/12/2011
Prepared By
Name: RamseyFrank
Title: Manager, Housing. Human and Veteran Services
3/11/20114:41:40 PM
Submitted by
Title: Manager, Housing, Human and Veteran Services
Name: RamseyFrank
3/11/20114:41:41 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 3/14/2011 11:15:39AM
Name: KrumbineMarcy
Title: Director - Housing & Human Serviccs.Housing. Human & Veteran Serviccs
Date: 3/21/20 II 4: 12:04 PM
Name: CarnellStcve
Title: Director - Purchasing/General Services. Purchasing
Date: 3/23/2011 9:59:40 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 3/23/2011 10:33:12 AM
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Name: WhiteJennifer
Title: Assistant County Attorney,Coullty Attorney
Date: 3/30/2011 3:37:39 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/30/201 I 3:42:49 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Scnior,Office of Management & Budget
Date: 4/1/2011 2:35:36 PM
Name: OchsLeo
Title: County Manager
Date: 4/2/20 II 3 :48:51 PM
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4/12/2011 Item 16.0.1.
4/12/2011 Item 16.0.1.
cJt. Cmmt~
~
Adninislrotive SeIvices DiVision
Purct1asing
[8J Contract Change Request
Purchasing Department
Change Modification Form
o Work Order Modification
Contract #: 09-5248 Mod#~ /
PO #: 4500116346
Project Name: 5031 32 Ave SW,
Na les. FL 34116
Contractor/Firm Name:
Heatherwood Construction Com an
Project #:
NSP 09-18
Project Manager:
Frank Ramse
Department: Housing,
Human & Veteran Services
Originat ContracUWork Order Amount
Current BCC Approved Amount
Current ContracUWork Order Amount
Dollar Amount of this Change
Revised New ContracUWork Order Total
Cumutative Chan es
,ill ~;~!";"'''''i."iil~;!7i!\'l/~ Originat BCC Approvat Date; Agenda Item #
." "'ri\f.1IliJi,~(::.~{.l!iIli/l1\1 Last BCC Approval Date; Agenda Item #
-3.10% Change from Original Amount
#N/A Change from Current BCC Approved Amount
0.00% Chan e from Current Amount
Original notice to proceed
completion date: 4/12/2010
Number of days added (if
extension, must'attach current
insurance certificate(s) from SAP
or obtain from vendor' 187
Add new task(s)
Last approved completion date: Revised completion date (includes thiS
5/1/2010 change): 11/1/2010
Explain Why additional days are needed (detaited/specific): .
Unforeseen conditions resulted in modifications to the original scope ofwork!L~....c-:::A."
<L 1'"(:( .!,L'. / ,1./. I" ,* . .J,. ,'J,)., ,'~. .1/: / ~ ..-6.
\,!f....... 1- ../,- )..... ,~_ U'_ 7~ t<.. '-' --K
Delete task(s) Other (specify):
Time Extension
Change task(s)
1. Provide a detailed and specific explanation of the requested change(s) to the task(s):
187 day time extension.
2. Provide detailed rationale for the requested change:
Grant related rehabilitation work would not be completed.
3. Provide explanation why change was not anticipated in original scope of work:
Unforeseen conditions resulted in modifications to the original scope of work.
4. Describe the impact if this change is not processed:
Non-payment of Contractor for services and labor provided.
1. Planned I Elective
4. Correction of errorl's)
2. Unforeseen conditions/circumstance
5, Value added
3. Quantit or rice ad"ustment
6. Schedule ad'ustment
Owner
Desi n Professional Re ulato Agencv specify): ~__~__"'H ~___ _ Other (~12-~~fy)
Purchasing Professional Participated in Neootiation of Change I Modification: _ 0 Yes [8J No
Approved by:
Name and Title: Fran
, HOUSing M~mager
I Date: 05 . ~~Ji) I
I
Reviewed by; - ?;{. /' ! / ~ ,/ /
Purchasing Professional's Name: Lyn Wood, Contract SpeCialist
../
Date:
.,
_-I ~-
- /1
Revised: 2121/11
1
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4/12/2011 Item 16.0.1.
Colt,. CoUJ1t;y
Administrative Services Division
Purchasing
April 9, 2010
Mr. Walter Crawford
Heatherwood Constnuction Co.
8880 Terrene Court
Bonita Springs, FL 34135
Fax: 239-949-6856
Email: wmc(Cilheatherwoodconstnuction.com
RE: Renewal of Contract #09-5248 "General Contractors for Rehabilitation of
Residential Structures for Neighborhood Stabilization Program"
Dear Mr. Crawford:
Collier County has been under Contract with your company for the referenced services for
the past year.
The County would like to renew this agreement under the same terms and conditions for
one (1) additional year in accordance with the renewal clause in the agreement.
If you are agreeable to renewing the referenced contract, please indicate your intentions by
providing the appropriate information as requested below:
~m agreeable to renewing the present contract for General Contractors for
Rehabilitation of Residential Structures for Neighborhood Stabilization
Program under the same terms, conditions, and pricing as the existing contract.
~ I am not agreeable to renewal of this contract.
If you are agreeable to renewing the contract, said renewal will be in effect from September
15,2010 until September 14, 2011.
Also, please provide a current insurance certificate for our files, as per the original
contract requirements. Due to the volume of insurance certificates received In the
Purchasing Department, the contract number should be referenced on the certificate to
ensure that our records are updated accordingiy.
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4/12/2011 Item 16.0.1.
Page 2 of 2
RE: Renewal of Contract #09-5248 "General Contractors for Rehabilitation of
Residential Structures for Neighborhood Stabilization Program"
Please return this letter to the Purchasing Department with your response and
insurance certificate at your earliest convenience. Your prompt attention is urgently
requested. If you have any questions you may contact me at 239-252-6020, emaH
brendareaves{a)collieroov.net and fax 239-252-6592 or 239-732-0844.
Best regards,
Brenda Reaves
Contract Technician
Acceptance:
HeathelWood Construction Co.
/
,y/
By:
Signature
W AL. -r~{L C-e-Av0fcrz.V'rpr1~.> \ V~ '\
/
Typed Name and Title
(Corporate Officer)
Lt'-'l-lO
Date:
Address:
In order to make sure our contact information is current, please provide the following:
Contact person: W /!.""l'f.- (t C\2/4....-.J'f""'fL-=
q "t'7 . G. Is"' S r
'1 "1-, ' C ~ c;;- Go
W '(V'\.- L...- 12- l k/\'J\}~~ '" ..:: oe:::." ,.::.<;;"I"'iZ-...) c-"'("' &-..J ,( "" ,...-,..
v~.}D !'l;(2.(l~(. Lovrl:'\
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Phone #
Fax #
Email
c: Frank Ramsey, Public Services
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4/12/2011 Item 16.0.1.
A G R E E MEN T 09-5248
for
General Contractors for Rehabilitation of Residential Structures for NeiQhborhood
Stabilization ProQram
THIS AGREEMENT is made and entered into this 15th day of September, 2009, 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 Heatherwood Construction Company,
authorized to do business in the Stale of Florida, whose business address is 8880 Terrene Court
Bonita Springs, Florida 34135 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on September
15, 2009 and terminating September 14, 2010. This contract shall have two (2) one (1) year
renewals, renewable annually. The County Manager, or his designee, may, at his discretion,
extend the Agreement under all of the terms and conditions contained in this Agreement for up to
one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term not less than ten (10) days
prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed twenty-two primary firms
and ten (10) alternate firms to be pre-qualified and awarded an Agreement to each firm.
Heatherwood Construction Company has been awarded an Agreement as a Primary contract'
Each awardee will enter into an Agreement to provide complete services for General Contractol
work in connection with the Neighborhood Stabilization Program on an as-needed basis as may
be required by the Owner in accordance with the terms and conditions of RFP #09-5248 and the
Contractor's proposal, which is incorporated herein 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
obligations of the Quotation procedure outlined in the next paragraphs and all Work undertaken by
Contractor for Owner pursuant to this Agreement.
In the sole discretion of Owner, primary firms' Agreements may be suspended for reasons to
include, but not be limited to, the following:
a. Failure to respond to three (3) separate requests for quotes
b. Submittals to three (3) separate requests for quotes are deemed non-responsive
c. Non-performance of or deficient work
d. Non-payment of subcontractors
The Contractor shall be notified in writing that its Agreement has been suspended for the duration
of the contract term and that the contract shall not be renewed. At that time, the next alternate
firm, in order of ranking, as shown on Exhibit A attached hereto and incorporated herein, will be
advised in writing that they have become a primary firm and will be sent requests for quotes.
For estimates, all Contractors awarded a primary contract will be quoted. The Owner shall
provide a summary of Work to be performed which will afford the Contractors the opportunity to
submit a formal quotation for the new work. The Contractors shall respond with the information
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4/12/2011 Item 16.0.1.
sought within seven (7) working days. A purchase order will be awarded to the lowest, responsive
and responsible quoter.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
The Contractor shall apply for all permits within five (5) working days from the date the Purchase
Order issued.
3. COMPENSATION: 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:
Walter M. Crawford IV, President
Heatherwood Construction Company
8880 Terrene Court
Bonita Springs, Florida 34135
Telephone: 239-949-6855
Facsimile: 239-949-6856
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
3301 East Tamiami Trail
Purchasing Building G
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.
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
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4/12/2011 Item 16.0.1.
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 tn
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.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
said Agreement 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 nc
performance.
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability,
B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include Employers'
Liability with a minimum limit of $500,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as tr
Certificate Holder and included as an Additional Insured on the Comprehensive Generc..
Liability.
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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 thirty (30) days prior to any expiration date. There shall be a thirty (30) day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements that
he is required to meet. The same Contractor shall provide County with certificates of insurance
meeting the required insurance provisions.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
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.
12 PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may invoice no more often than every thirty (30) days,
Payments will be made in accordance with Chapter 218, Florida Statutes, also known as the
"Local Government Prompt Payment Act."
13. 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.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
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15. 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 ti
Project by its subcontractors and materialmen, as well as coordinating its Work with all work 01
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
16. 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.
17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith,
it shall promptly notify Owner in writing.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tool'
appliances, construction equipment and machinery and surplus materials, and shall leave tht..
Project site clean and ready for occupancy by Owner.
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19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any
part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all
of the obligations and responsibilities that Contractor has assumed toward Owner.
20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified,
and that all Work shall be of good quality, free from all defects and in conformance with the
Contract Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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.
21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County,
22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish to the Owner the
required certificates of inspection, testing or approval. All inspections, tests or approvals shall
be performed in a manner and by organizations acceptable to the Owner.
23. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such
loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
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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. Th'"
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred.
Owner associated therewith.
24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage, injury
or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the
occurrence of the emergency, if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a 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.
25. 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 review the Work. 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 consid
the Work (or designated portion) substantially complete, the Owner shall notify Contractor If'
writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall so
advise Contractor in writing 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 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 issue a Certificate of Final Completion. Final payment shall not become
due and payable until Contractor submits a final invoice accompanied by a Certificate of Final
Completion.
26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date, No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to n-
Commencement Date shall be at the sole risk of Contractor.
P~"A _7_
Packet Page -1947-
4/12/2011 Item 16.D.1.
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 finally completed within the time
specified in the Request for Quotation. Should Contractor fail to finally 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
final completion is achieved.
The Project shall be deemed to be finally completed on the date the Owner issues a Certificate
of Final Completion. Contractor hereby expressly waives and relinquishes any right which it may
have to seek to 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 finally 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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Housing and Human Services Department.
28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 09-5248, any
Quotation/Purchase Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Purchase Orders.
29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer
or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No, 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c.
immediate termination of any contract held by the individual and/or firm for cause.
30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the Work. No
markup shall be applied to sales tax.
32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by
P~U1A _R_
Packet Page -1948-
4/12/2011 Item 16.0.1.
the Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this agreement
immediately.
33. VENUE: Any suit or action brought by either party to this Agreement against the other parry
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU , FLORIDA
~ d -1-1Ic,
Donna Fiala, Chairman
By:
By:
I Heatherwood Construction Coma
ontractor
First Witness
yrreJ {'~
~~Name
Second Witness
Signature
W A L -r H\.- c.:~./l>.J " '" .""t?
Typed Signature
~,<;: ,(/f.....J"\
Title
~Tl WH (l'CL~\1-\1...A"l
Type/Print Witness Name
Approved as to form and
legal sufficiency:
~
Assistant County Attorney
Cd leen era fl)L
Print Name
P"op. -!1-
Packet Page -1949-
1. Construction Professionals
2. South Florida Millworks
3. N. Square Inc.
4. R K General Contractors
5. Florida West Construction
6. Deerbrook
7. Jim Duffy Construction
8. D. Stefano Building
9. Tyler Construction
10. E.O. Kogh Construction
4/12/2011 Item 16.D.1.
EXHIBIT A
Alternate Firms
Packet Page -1950-
4/12/2011 Item 16.0.1.
EXHIBIT B
CERTIFICATE OF FINAL COMPLETION
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER AND CONTRACTOR, and that Work is hereby declared to be finally complete in accordance
with the contract documents on:
DATE OF FINAL COMPLETION
CONNTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
P"ni> -11-
Packet Page -1951-
4/12/2011 Item 16.D.1.
~Rd
PRODUCER
CERTIFICATE OF LIABILITY INSURANCE
08/17/09
R
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
DATE (MMlDDIYYYY)
~ouchard-Fort MYers
L91 College Pkwy Suite 202
,'ort Myers FL 33919
Phone: 239-489-3232 Fax:239-489-1084
INSURED
INSURERS AFFORDING COVERAGE
Ameriaure In9uran~ Cc:mp
NAIC#
19488
19488
Heatherwood Construction
8880 Terrene Ct
Bonita Springs FL 34135
INSURER A:
INSURER 8"
INSURER C'
INSURER 0
INSURER E:
AmerisurEl Insurance Corrpany
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN [$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE I POLICY NUMBER ;ff~~~rmw~~bgr~i UMITS
GENERAL LIABILITY I : EACH OCCURRENCE I . 1000000
A X Xl COMMERCIAL GENERAL LIABILITY i GL2052621 03/19/09 03/19/10; PREMISES (Eaoccurence\ , . 300000
I CLAIMS MADE [KJ OCCUR MED EXP (Anyone person) .10000
I PERSONAL & ADV INJURY .1000000
GENERAL AGGREGATE .2000000
GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS.COMP~PAGG .2000000
II . !Xl PRO. n Em" Ben. 1000000
POLICV X JECT : lOC
AUTOMOBILE L1ABlUTY COMBINED SINGLE LIMIT I
~ .1000000
A X ANY AUTO CA 2052618 03/19/09 03/19/10 (Eaacddenl)
~ .--
- All OWNED AUTOS I BODilY INJURY
.
SCHEDULED AUTOS (Per person)
-
-- HIRED AUTOS BODilY INJURY
I .
NON-.QWNED AUTOS (PeraCCltlent)
,~- , I
- .- j PROPERTY DAMAGE :$
I I (Peracddent)
~~GE LIABILITY ~!!?~Nl Y . EA ACCIDENT .
ANY AUTO i OTHER THAN EA ACC .
~ -
I AUTO ONLY: AGG .
EXCESS I UMBREL.LA LIABILITY i EACH OCCURRENCE . 2000000
A X I OCCUR D CLAIMS MADE CU 2052622 03/19/09 03/19/10 AGGREGATE . 2000000
,- .
~ ~EDUCTIELE .
-
X I RETENTION .0 $
WORKERS COMPENSATION . i TORY LIMITS I X I OJ~-
AND EMPLOYERS' UAB1L1TY YIN 01/01/091
B ANY PROPRIETORIPARTNERlEXECUTIVO 2059588 01/01/10 EL EACH ACCIDENT $ 500000
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) EL DISEASE - EA EMPLOYE $ 500000
~~~~I~tS~~bov~S?6~S below i ~-
EL DISEASE. POLlCY LIMIT . 500000
OTHER
A Rented/Leased Equi ! IM2059784 03/19/09 03/19/10 Rent/Leas $15,000
i
DESCRIPTION OF OPERATIONS I LOCA nONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
General Contractor Project # 09-5233
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS AN ADDITIONAL INSURED AS
RESPECTS TO GENERAL LIABILITY SUBJECT TO TIlE TERMS , CONDITIONS, AND
EXCLUSIONS OF TIlE POLICY.
*TEN DAYS WRITTEN CANCELLATION FOR NON PAYMENT*
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
BOCCCOL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBUGA nON OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
2800 N HORSESHOE DRIVE
I NAPLES FL 34104
I
ACORD 25 (2009/01)
REPRESENTATIVES.
A ~NTATIVE
\
@1988-2009ACORD CORPORATION.
The ACORD nBme and logo are registered marks of ACORD
All rights reserved.
Packet Page -1952-
4/12/2011 Item 16.0.1.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009101)
Packet Page -1953-
4/12/2011 Item 16.0.1.
CHANGE ORDER
C 11,\ N_\.i.E. ORnE R )':;<.2" ,;
~:ON1'R.ACT ND. 09.~2.8
Bee Date: 09115/2009
:~ ~endll !lorn; 16 D)
'1'0: liFnthi.'Twood C(n~trut'1iN)C"Jmn~.m\'. 'l~R~.
Ulif!.J'crrensc..CJ!Ilrt
a\Jnit8 SL'rinI.;;~.L...ft .14JJL_~,._"
DA TE: ,More" n. ~O t t
PROJECT NAME: 503132" Ave SW. Naoles FL 34t20
-,'
PROJECT NO.: N~.r:Jl~lJi
Under our AGREEMENT dated Januarv 12,.2QlQ..
You hereby are authorized and directed to make the following change(s} in accordance with ten11S and
condition.:; of the AgreemeT1t:Z.~(9J2rll..t~1r Cltal1t.lt",tritrH,,' Extension
FOR THE Sum of:
lelJ! Dnll"rs I~JiQL
Origi nal Agr~ment Amount
Silll9ho{JD
Sum of Previous Cl\..lHges
Sf \ .1 ~9 nO}
This Change Order
S;IJlJO
Present Agreement Amount
$,,5.(,37.(10
.-..-
Effective as of April 28, 2010 time for completion shall ~ increased by ill calendar days due to this
Changi: Order. Accordingly, the Contract Time is now Two Hundred Ninetv Three (293) calendiJf days. The
substantia] completion date i5 November 1.1010 and the final completion date is November J. 2010. Your
acceptance of this Chan!;&: Order shall constitute a modification to our Agreement and will be performed subject
to all the same terms llnd condition:; as contained in ollr Agre"ITI"l1t indicated above. 'lS fully as if the same were
repeated in this acceptance. The adjtlstm~nt, If anYl to rhe Agreement shall constitutr. a full and tinal settlement
of any and all claims oftbc ContraclOr arising uut of or a~latc-d to the change set fOlth hereinr including claims
for impact and dda)' costs.
A;;.~.t:'Jlt:;,d: _~1H!.f!L~1. 2ql .1" i
l'ONTRe\CT ,IR, /
llealhe",,,,'. C:"nwucljoll Cm"i )
J ,I' //"
By: I _
W -alter Crawford
OWNER:
BOAH D OF COUNTY COMMISSIOl\ERS
,. OF C~~I~~:R ~Ol;~=-Y, ~~~~JDA
Bl'.~ ---,~,,~
Prank Rr(Jns~:y. ri _j,~ing Mat1:l~cr '"".."-'
. .
Packet Page -1954-
4/12/2011/tem 16.0.1.
-
,
(jEP.~~TMf}' r DlRiOCrOH
" I
:.- -:-~r- -~,.~~".
X1.ucy Kn.ltllt.:;T1? I
11,,:
ny.
DI\,IS"I01' AD\IRI,";I;"'{"'\"1 ",II
,,)N ." /" ,.
\ :I(aJt "" P.{"J'~c~___
~.Lutl1 r.~WH;t'y (,)
(()vn~AC! .sPp,Cl.'\LlST
, /),'
u:.' /A,/,,6 ':':~~(!:-:(L4C
I.) n \V(IC.d .
/' ,j!/
"',' /
~:;, '.) \_~ A,. r~
[l~I'l'~':
ATTEST:
BOA.:.tO or (:01...'1\ n" t.:':}~,l~lS'S!(TNEJtS QF
cnLLrr:R CfAq..1TV n.,('lUD;~,
-
Dwlgln E. Brm;:.k. Clerk
DY:
BY:
Fred W. Coyle, Cn~jl'man
AppI'Q\'~d A::; To Form
and J .e.&al Snmciency:
r'...... .
~'r:nl N3r:l~' ~ \ijj~\.......::t:-L.
A"SlstaJ1l (('lunty ~~nnmt'); :s-'i-f\...H....h"f~J~ '?>. W'14. \\1..
-
Packet Page -19S5-