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Agenda 09/13/2011 Item #16A22
9/1312011 Item 16.A.22. EX�X C>tJTIVE SUMMARY Recommendation to terminate the award of Bid # 10 -5528 "Bus Shelter Installation" to AC Signs LLC, at the request of the contractor; to award Bid # 10 -5528 to the second lowest bidder, Wm. J. Varian Construction Company, Inc.; and, to authorize the Chairman to execute the attached contract. OBJECTIVE: To terminate the award of Bid # 10 -5528 `Bus Shelter Installa0on" to AC Signs LLC, at the request of the contractor, and to award the bid to the second lowest bidder, Wm. J. Varian Construction Company, Inc. CONSIDERATIONS: On July 26, 2011, Agenda Item 16A13, the Board of County Commissioners awarded Bid 10 -5528 to AC Signs LLC for design and installation of bus shelters throughout Collier County. The construction of the shelters will be funded with Federal Transit Administration funding (FY 2011 FTA 5307 grant funds). However, due to delays in the distribution of these funds the original deadline to complete the construction of all shelters as identified in the bid request could not be meta Therefore, the deadline for the completion of construction will be modified in the new contract. Staff met with representatives from AC Signs LLC after the award to review the locations for installation. After further review by the contractor, staff was notified that AC Signs wanted to terminate the award based on a subsequent site' visit to each location wherein they determined that they had not sufficiently addressed issues in their bid. The second lowest, responsive bidder is Win. J. Varian Construction Company; Inca The total bid was based on a typical installation of a shelter and will vary by location. The contractor understands the project requirements and is willing to accept the contract. This process is in compliance with the Federal Transit Administration (FTA) policies and procedures. I AC Signs LLC $10,172 ...Varian $15,006 Bouness $16,771 Jim Duffy Construction $23,319 FISCAL IMPACT: The design and installation for FY 2011112 will be funded through FY 2011 FTA 5307 grant funding. Funding is available in CAT Grant Fund 424, within Project No. 33172.1. GROWTH; MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element of the Growth Management Plan. Packet Page -1829- 9/13/201.1 Item 16.A►.22. �. LEGAL CONSIDERATIONS: 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 for approval —SRT. RECOMMENDATION: That the Board terminate the award of Bid # 10 -5528 "Bus Shelter Installation to AC Signs LLC, at the request of the contractor; approve the award of ITB 10- 5528 to the second lowest bidder, Wm. J. Varian Construction Company, Inc.; and authorize the Chairman to execute the attached contrast. Prepared By: Brandy Otero, Associate Project Manager, Alternative Transportation Modes Dept. Attachments: Bid Tabulation Contract Rejection Email and letter from AC Signs Letter from Wm. J. Varian Construction Company, Inc Packet Page -1830- 3/13/2011 Item 16.A.22. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22. Item Summary: Recommendation to terminate the award of Bid # 10 -5528 "Bus Shelter Installation° to AC Signs LLC, at the request of the contractor; to award Bid # 10 -5528 to the second lowest bidder, Wm. J. Varian Construction Company, Inc.; and, to authorize the Chairman to execute the attached contract. Meeting. ©ate 9/13/2011 Prepared By Name:OteroBrandy Title: Project Manager, Associate,Transportation Engineer 8/22/20113:25:32 PM Submitted-by �1 Title: Project Manager, Associate,Transportation Engineer Name: OteroBrandy, 8/22/20113:25:33 PM Approved; By Name: BrilhartBrenda Title: Purchasing AgentPurchasing & General Services Date: 8/23/2011 8:18:29 AM Name: OberrathKaren Date: 8/23/20119:49:18 AM Name: SotoCaroline Title: Management/Budget Analyst,Transportation Administr Date: 8/23/2011.10:52:32 AM Name: ArnoldMichene Title: Director - Alt Transportation Modes,Alternative Tr Date: 8/23/20115:11:48 PM Packet Page - 1831 9/13/2011 Item 16.A.22. �1 Name: CarterGlama Title: Manager - Public Transit,Alternative Transportation Modes Date: 8/24/20119:27:47 AM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 8/24/20113:52:50 PM Name: CarnellSteve Title: Director- Purchasing/General Services ,Purchasing Date: 8/25/20116:58:09 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 8/25/20118:05:21 AM . Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 8/25/2011 1:35:32 PM` Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 8/26/20113:03:59 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/29/20119:02:15 AM Name: TeachScott Title: Deputy County Attomey,County Attorney Date: 8/29/20119:32:26 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 8/29/2011 1 :48:54 PM Name: KlatzkowJeff Tithe: County Attorney, Date: 8/29/20113:36:27 PM Name: IsacksonMark Title: Director -Carp Financial and Mgmt Svs,CMO Date: 9/2/2011 11 :05:23 AM �1 Packet Page -1832- a o '+ c° ? 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Z Q N N N N N N N N N N N K 1 m o0 Z Q M M V1 V N w d R H N 0VO OM � O p N 04 M ..Om O u.•-� i 1 1 N l7 D0O o.CD •] 0 o 1i N N .rN 01 N N N N N taVO lN D�O D D t 1 � A Ot m 11 W fl N I 00 I i f Z � Z Z Z Z Z Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y V! O N D Q O E a o c a m O N m a) T c !•• U U 01 d CD Q r C O L > O O Co U d 6 N C l0 (0 PD pp 0) Q J 7 C C d J LL W C Co Co Packet Page -1833- 9/13/2011 Item 16.A.22. i f Z � Z Z Z Z Z Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y V! O N D Q O E a o c a m O N m a) T c !•• U U 01 d CD Q r C O L > O O Co U d 6 N C l0 (0 PD pp 0) Q J 7 C C d J LL W C Co Co Packet Page -1833- 9/13/2011 Item 16.A.22. Z Z Z Z Z Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y V! O N D Q O E a o c a m O N m a) T c !•• U U 01 d CD Q r C O L > O O Co U d 6 N C l0 (0 PD pp 0) Q J 7 C C d J LL W C Co Co Packet Page -1833- 9/13/2011 Item 16.A.22. Packet Page -1833- 9/13/2011 Item 16.A.22. 9/13/2011 Item 16.A.22. AGREE MEN T10 -5528 r—. for Bus Shelter Installations THIS AGREEMENT is made and entered into this day of , 2011, 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 WM. J. Varian Construction Company, Inc., authorized to do business in the State of Florida, whose business address is 886 110th Avenue North, Naples Florida 34108 (hereinafter referred to as the "Contractor'). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on and terminating This contract shall have three one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed two (2) firms to be pre - qualified and awarded Contracts (AC Signs, LLC — Primary, Varian Construction - Secondary). This contract is awarded to Primary/Secondary vendors — if the Primary vendor cannot perform the required work within the timeframe specified by the Project Manager, the Secondary vendor can be utilized. Each awardee will enter into an Agreement to provide complete services for Bus Shelter Installations on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of ITB 10 -5528 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. Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. Each shelter site will vary and the submitted line items prices will be used to negotiate pricing for installation of approximately ten (10) shelters by September 1, 2011. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the option of collection of liquidated damages in the event of late completion. M_ -- A Packet Page -1834- 9/13/2011 Item 16.A.22. 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: William J. Varian Wm. J. Varian Construction Company, Inc. 886110 th Avenue North, Stuie 9 Napees Florida 34108 (239)514 -0103 (239) 514 -0556 (fax) 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. Carneil Purchasing /General Services Director Phone: 239- 252 -8371 Fax: 239 - 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. Packet Page -1835- 9/13/2011 Item 16.A.22. 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 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. 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 $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. Packet Page -1836- 9/13/2011 Item 16.A.22. Current, valid insurance policies meeting the requirement herein identified shall be n maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor 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 or anyone employed or utilized by the ContractorNendor 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 indicate on his response to the Request for Quotation his wish to receive Progress Payments. All applications for payment, whether for full payment or a progress payment shall be in writing. 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 must be approved in writing by Owner in advance. P'1..... -. A Packet Page -1837- 9/13/2011 Item 16.A.22. 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 the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work ,of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 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 n- c Packet Page -1838- 9/13/2011 Item 16.A.22. observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. MASSIGNMENT. 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. n 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 Packet Page -1839- 9/13/2011 Item 16.A.22. 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 r` 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. 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. 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 written order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. 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, recommending that on the basis of his observations and inspections, and the Contractor's provides written 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. 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. D - -- Packet Page -1840- 9/13/2011 Item 16.A.22. 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 the Commencement Date shall be at the sole risk of Contractor. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Once a notice to proceed is issued, the shelter shall be completed within 30 days after permit approval. In order to complete all the required installations by September 1, 2011, shelter construction at multiple sites shall be initiated simultaneously. " 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 completed within the time specified in the Request for Quotation. Should Contractor fail to 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. 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 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 Alternative Transportation 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, ITB No. 10 -5528, any addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 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 (most current), 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 D ,3nc _.Q- Packet Page -1841- 9/13/2011 Item 16.A.22. time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 30. SUBJECT TO APPROPRIATION. it is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 33. VENUE: Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34.OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 36. 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. Statute. Packet Page -1842- n 9/13/2011 Item 16.A.22. 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. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: Scott Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - Fred W. Coyle, Chairman WM. J. Varian Construction Company, Inc. Contractor By: Signature Typed Signature M - -- /A Packet Page -1843- Title 9/13/2011 Item 16.A.22. From: Cristian Parra To: OteroBrandv: CardesoYousi Cc: Alvaro Chica: Armando Chica Subject: Bus Shelter Installation Date: Friday, August 05, 20111:36:07 PM Good afternoon Brandy, I wanted to thank you and Yousi for meeting with us yesterday, you were both very professional and courteous. We have discussed this project further with our subcontractors based on the information that we received yesterday. Unfortunately our subcontractors share our concerns of splitting the 10 locations into separate timeframes. Our bid for the project was based on doing the 10 locations simultaneously as per page 21 of Attachment 2: Vendor Submittal — Bid Response form. Also based on the job walk of each of the locations we have determined that there just isn't enough site work as presumed on the bid schedule per location. This does not conform with the projected value of this project to us. It is with are most sincere apologies that we must reject this contract at this time. We would not want to take on a project that we simply cannot complete due to these new conditions. Thank you Cordially, Cristian Parra Executive Account Manager Transit Amenities & Signage Office: 407 - 857 -5564 1 Cell: 407 - 456 -4877 1 Fax: 407 - 857 -5565 * We are }leased to announee that effective February ZY, Nil. AC' signs LLC; �;vill be re- locating to 10201 Rocket Ct. Orlando Fl. 32824. This effort will increase our area of operation to more than 10.000 sq. ft. Packet Page -1844- 9/13/2011 Item 16.A.22. sWCWVS 0201 Rocket Ct. Ste. 100 Orlando Fl. 32824 Aanufacturer of Custom Signage & Transit Systems Date 08/10/11 To: Brandy Otero. Collier County From: Armando Chica, AC Signs & Custom Mfg. Re: Collier County Bus Shelter Install Contract Notice of Cancellation Dear Mrs. Otero. With this letter I wish to proceed with the cancellation of our contract for the bus shelter installations in Collier County. This is based on my employee Cristian Parra's email to you on Friday the 5th of August. Our decision as stated in the email is based on the County's desire to split the projects 10 locations into separate install dates. Our understanding of the bid for this project was that the locations would be done simultaneously as described in the bid page 21 of Attachment 2: Vendor Submittal — Bid Response form. We feel that this will not be a viable approach for our subcontractor and us to take on this project. Thank you for your time and effort with us on this project. Cordially, // _.._. & Custom Manufacturing STATE OF FLOL� IDA COUNTY OF '= v. The foregoing instrument was acknowledged before me this i day of , 20ii by (Warne of person acknowledging). ANGE'LAMARTINEZ (Si«n lure � l —t -,L'Ptibl ic -S tate of Flaridaj MY COMMISSION # DD 736593 w-= EXPIRES: November 26, 2011 Bonded Thru Notary Public undowwors (NOTARY SEAL) (Name of Notary Typed Printed or Stamped) Personally Known OR Produced Identification Type of Identification Produced AC SIGNS (407) 857 -5564 FAX (407) 857 -5565 8/10/2011 Page IofI Packet Page -1845- 9/13/2011 Item 16.A.22. r L. 239 -514 0103 C(5C 061412 FAX 239 -514 0556 CCC 057950 J. VARIAN CONS 'r"/ZucrloN CO. Inca CIENEIRA L CONTIRACT012 886 110''AveIN S" tel #9 NapLe�; TL 34108 Se,vuu#,S&at ejt7Zl r-ida bji c 1989 August 11, 2011 Brandy Otero Associate Project Manager Growth Management Division Construction and Maintenance Alternative Transportation Modes Department 2885 Horseshoe Drive Naples, Fl 34104 Re: ITB 10 -5528 — Bus Shelter Installations Brandy, As a follow up to our conversation earlier today I am still very interested in the above named project for Collier County based on my submission back in March. I am fully aware that these are not (10) at one time in fact I understand that I may only get (1) at a time based on your need and availability of areas. Please feel free to contact me for any further information needed to move forward. Sincerely William J. Varian, CGR CAPS CGP President Packet Page -1846-