Agenda 10/25/2011 Item #16C310252011 Item 16.C.3.
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Reroesmendedon Is marl Bid Number 11 -5749, Sooty fmnty Water Reelamatloe Fadhky
FAechrimi Upgrades, m Goff %tea EleelriG fine, m the haft bW mount of S6W,910A0 for Projw
Number ]00]9, South county Water RetlamaROa Fadity Ligkhsft9mge 34atmrioa and
Grounding; aW, aotborlm a budget ameodmm a 5361,103 frees Project Number 10050, Mmter
Po PSntioa Teehnind SapWR In Proleet Number 1W]9.
OBIF.GTIVE: The public pmpoft of this project is m Manniio ompharee with Florida
Depmtmern of Envuumnennl yweection4med permit coullhora nd the South County Worm
Reclamation Facility (SC W RF).
CGNS )E UON9: Ga June 24, 2008, as Agenda been 10G, the Beard of County
Commiesiunen (Bond) adopted the 2008 Wastewater Masten Plan Update that identi5e i the
mqu mound for ussubilit3 ing the SCWRF. The proposed snipe of work for Project Number
]00]9, "South Comely Water Reclamation Facility Lighbling/BUrge Pmtecton and Groundi g"
is co®istmd with the 2010 Wastevreta CD? Update, page 4 of 4, lime 126, as identified in the
2011 User Fee Rate Study.
Lightning/tango protective and ®oundvig systems Provide a vital function in sskgumdiog plant
personnel and aquifinenL The lighbsing/smge Protection and grounding system A the SCWRF
is reacting the end of its useful Ufa. Tlwre is extensive conosion, a major contributor la its
deficiency. ht addition, someexisting structures have no lightning protection 9 all.
The lnuPnse of this project is W replace the existing lighmiag/surge protection and gtouodivg
systems for Ora prioddssd arws of the Plmt, andW ensure that all stneuves within dese areas
have adequate Dgbavnesurge protection and grounding. The new lightning/moge protection and
grounding systm will be in carPliance whh the Indeed snvdaals identified by the National
Electrical Code.
Bid Number 11 -5749 was posted on July 19, 2011, with 1,428 a -mail notices aeon m vendors that
Provide these services. A land of T bidden downloaded full Irsckages; two bids were mceived
by the August 31, 2011, deadline. Ile two qualified bide rseived em smmerittd w the able
below.
Bidden
Bid mount
Local vendor Pnfermee?
GWf Steles Electric, Inc.
$800,970.00
Yes
Wesdco, he.
$838,000.00
Yes
The bw bid was 60 permt above the design engbee.Ts estiesan of $502,110.00; however, staff
has amlyzed this difference and determined that the eadimale was beomplem and that the
bidd
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detailed
Packet: Page-1461-
10/25/2011 Item 16.C.3.
explanation for this discrepancy is provided in the attached engineer's letter of recommendation.
Further, the two bids received were within 5% of each other, substantiating the cost difference.
County suffir and the project design engineer, AECOM, determined the low bid to be fair and
reasonable, and recommend awarding the contract to Gulf States Electric, Inc, as the lowest
responsive and qualified local bidder. Gulf States Electric, Inc, has a satisfactory performance
and warranty record on previous county wastewater utility- related projects.
FISCAL IWACT: A budget amendment of $364,103.00 from Project Number 70050, Master
Pump Station Technical Support, to Project Number 70079 is needed to provide funding for
construction of the project. Funding is available in and is censiocut with the FY 12 Capital
Budget approved by the Road on September 22, 2011. The source of funding is the Wastewater
User Fee Fund 414.
LEGAL CONSIDERATIONS This item is legally sufficient and requires a majority vote for
approval. -FBW
GROWTH MANAGEMENT IMPACT This pnjeet meets current Growth Management Plan
standards to ensure the adequacy and availability ofviable public facilities.
RECOMMENDATTON: That the Board of County Commissioners, as the Ex-afficio Governing
Board ofthe Collier County Water -Sewer District
ward Bid Number 11 -5749, South County Water Reclamation Facility Electrical
Upgrades, to Gulf States Electric, Inc, in the base bid amount of $800,970.00 for Project
Number 70079, South County Water Reclamation Facility Lightning/Surge Protection
and Grounding; authorize the Chairman to sign the County Attorney Approved Contract;
and
agonize a budget amendment of $360,103.00 from Project Number 70050, Master
• Pump Station Technical Suppoq to Project Number 70079.
Prepared By Oscar P. Martinez, P.E., PMP, Sr. Project Manager, Public Utilities Platming and
Project Management Department.
outstation. Budget Amendment, Bid Tabulation, Engineer's Letter of Recommendation, Engineer's
Fortune.
Perin ge -1462-
10/25/2011 Item 16.C.3.
COLLIER COUNTY
Board of county Commissioners
Item Number: 16.C.3,
Item Summary: Recommendation to award Bid Number 11 -5709, South County Water
Reclamation Facility Electrical Upgrades, to Gulf States Electric, Inc., In the base bid amount of
$800,970.00 for Project Number 70079, South County Water Reclamation Facility
Ughtning/Surge Protection and Grounding; and, authorize a budget amendment of $360,103.00
from Project Number 70050, Master Pump Station Technical Support, to Project Number
70079,
Meeting Date: 10/25/2011
Prepared By
Name: Oscar Martinet
Tile: Project Manager, Set iogPnblic Utilities Engineering
9/1612011 11:2620 AM
Approved By
Name: Steve Messner
Title: Plant Managar.Water
Date 9116/2011 321:27PM
Name: CM1melikrom
Title: Prancer Manager, Principal,Publiic Udlinies Engine
Date: 9 /19/2011 8:34:03 AM
Name: Hapktmarr ie
Title. VALUE MISSING
Data:9/192011 897:17 AM
NameaoMSOnSmn
Title: Retuning AgenLPUmM1asingic General Sid itts
Dater 9/192011 8:5905 AM
Name CamellSmve
Tire : Director -PO hesing/General Smices,POr sing
Date 9/2N2011 3:26:02 PM
Packet Page 1463-
10/25/2011 Item 16.C.3.
Name: Widesiom
Title: Director - Operations Support - PTiD.Utilities Finn
Date: 9202011 5 00:02 PM
Name: WallerDme
T61c: Plant ManagegWastewater
Dan: 926201110:3236 AM
Name: lohns'Senlleth
Date 986/2011 43102 PM
Name: P jerCraig
Title: Fri Mani SeniopPobfic UnIl la Engineering
Date, 9 /26/2011 524:63 PM
Name'. YilmarzGeorge
Title: Director - Waste uWamewater
Dale 10/13P011 8'.24:49AM
Name: Whitelemifer
Title: Assistant County AmorneaCnunt}'.4ttorney
Date: 10/14/20118: 4148 AM
Name: Klatekowkif
Thle County Attomey,
Dal 10/142011 120223 PM
Name: UshanSwern
Title: Mamgementl Wgtt Analyst Senlor,ORceofManage
Dial 10/17/2011 9:03:49 AM
Name IsadaonMark
Title: Director -0orp Financial and Mgmt do,CMO
Date 10/1 ]20119:29:11 AM
Packet Page -1464-
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10/25/2011 Item 16.C.3.
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FL32918
October 13, 2011
Oscar P. M az, P.E., PMP
Senior Project Manager
Collier County Public Utilities Planning Se Project
hlavagement Depamnem
3339 Thousand Trill East, Suite 303
Naples, Florida 34112
South County WRF Electrical U a Prij t
Coffer County Solicitation Number. I1 -5949
Letter of Recommendation to Award C
Dear Oscan.
Pursuant m you request, AECOM Technical Services, Ina (AECOM) is pleased to writs you
i-. this revised later ofReconerwndabon for Avoid on the above referenced project, Tbis
letter was reVISDI to explain the M eellaveous and Allowance items in Me Engineer's
estimate.
Collier County received and opened two (2) bid proposals on August 31, 2011 far Me South
County Water Reclamafiov Facility (SCWRF) Electrical Upgrades project. A tabWafioa of
the bids received is attached, and a sumnaiy of the bid totals is as follows:
Bidder Total Bid Amoant
Gulf States Elating Inc. $ 800,970.00
Wenmo. $ 838,000.00
The appment low bidder at the time ofthe bid opening was Gulf States Elechia Inc. (GSE).
GSE submitted all of the required documents with their bid and is dewed responsive.
AECOM also reviewed GSE's Steement of Experience provided with thew bid and
contacmd the ref us. GSEhmc mplet anumberofmjorprojecisprimerilyasa
identical subcontractor to general construction firms. A copy ofGSE's Statement of
Experience is attached. GSE also has a successful workhistory for Copier County Public
Utilities. Based on the above, AECOM considers OSE qualified W perform the work.
The Engineer's esdmme of probable construction cost is $502,710, which is below the low
bidder. However, the engiueei s estimate did not imlude an alowece of 10% far
^ un ogre wnditiom, which was included in item 5 0fihe bid. It should be noted that the
Eagineet's estimate included alive costs, which iwance. However this mporany pariu es,
Contractor's Division 1 wirswetion cosh, which include such items as temporary f ilities,
Packet Page -1464
10/2512011 Item 16.C.3.
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mobilization, demobilization, em. The Division 1 mrswction costs are typically
around l0% of the total construction core The nllowance item in the Engineer's estimate
should have been more correctly labeled as Division I cows.
Tnee is also a line item in the Engineer's cad ium labeled Miscellimoua. ibis includes all
rscallweous items associated directly with the electrical work that are not already listed
individually as line items under with Priority group. This covers items such as cable
fasteners, abort nuns of conduit and wiring conduit fittings, demolition of existing
deleiomted conductors and air terminals, coding pavemrnt, trenching, backfill, patching etc.
This also typically amounts to approrimmely 10% of the total construction cost.
After subtracting the 10 %allowance, the amount bid by GSE is SM,700. AECOM
requested that GSE provide a breakdown of the amount bid for comparison to the wgineer's
estimate. Based on our review, the engineer's estimate is below the am= bid to the
following reasons:
• The common bid by GSE included about $27,000 for testing and $6,500 for sales tax,
which were not included in the m9mrser's estimate.
• The amount bid for surge protection devices(SPDs) was about $68,000 more than the ^
engineer's estimate. The contract documevns issued for bidding included SPDS b be
mounted integrally with the MCCs and switchboards. However, during the bid it was
observed that there are a number of GE MCCs that did not have space for integral
SPDS. Therefore, additional cucuit breakers were necessary, which are not included
In fire engineers estimate.
• The amowf bid for lightning protection was about $75,000 more than the engineer's
estimate. The higher cost for lightning protection is attributed an the higher wit cost
for von-stwded type lightning rods, and increased commodity cost and wit prices
for copper wire.
• The amount bid for grounding was about$5dW more than the engineer's estimate,
which is attributable to slightly higher unit prices.
The sum of the above items is $191,5W. When added to the engineer's ea mete, the revised
engineer's estimate becomes $684,210, which is within 70/, of the meant bid. Based on the
information provided to the County with the bid, send above evaluation of the cost, AECOM
recomowds award of Ws project m Dalf Surer Electric, Inc. in the amount of $800,970.00.
Weappreciate the oppornoity[m assirtthe County ontlils impmrttnt project Ifyoubaveany
gwstlmvs, ter ifyou require any additional information plwse wnuct roe.
Packer Page -1467 -
10/25/2011 Item 16.C.3.
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Very w1Y yovre,
AECOM Technical Services, Inc
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inane PeJIA3b r Ron Gva);ur>
Ronald R. Cavalieri, P.E., BCEE, PMP
Prmcipal Engineer
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10/25/2011 Item 16.C.3.
SCWRF Electrical Upgrades
COLLIER COUNTY BID NO. 11 -5749
COLLIER COUNTY, FLORIDA
Design Professional:
AECOM Technical Services, Inc.
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10/25/2011 Item 16.C.3.
TABLE OF CONTENTS I '.
PUBLICNOTICE ........................................................................................
..............................4
PART B- INSTRUCTIONS TO BIDDERS .......................................................
..............................6
CONSTRUCTIONBID .......... ...................................................................................
.......... I.... 15
BIDSCHEDULE ................. .................................................................................
I.................. lT
MATERIAL MANUFACTURERS .............................................................
.... .... I........................ 1R
LIST OF MAJOR SUBC ONTRACTORS .......................................... .... ....
I ................................... 19
STATEMENT OF EXPERIENCE OF BIDDER ...............................................
............................... 20
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
IMMIGRATION LAW AFFI DAVIT CERTIFICATION ..............
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9.......
BID BOND ....................... .....................
BIDDERS CHECK LIST ............................................................................. ...............................
31
^
CONSTRUCTION AGREEMENT ................................................................. .............................
32
EXHIBIT A: PUBLIC PAYMENT BOND. .........................................................................
.......... 39
EXHIBIT A: PUBLIC PERFORMANCE BOND ............................................. ...............................
42
EXHIBIT B: INSURANCE REQUIREMENTS ................................................ ...............................
45
INSURANCE AND BONDING REQUIREMENTS ......................................... ...............................
47
EXHIBIT C:REIEASE AND AFFIDAVIT FORM ............................................ ...............................
50
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ... ...............................
52
EXHIBIT E: CHANGE ORDER ................................................................... ...............................
57
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION ........................ ...............................
59
EXHIBIT G: FINAL PAYMENT C HECKLIST ................................................. ...............................
61
EXHIBIT H: GENERAL TERMS AND C ONDITIONS ..................................... ...............................
63
EXHIBIT I: SUPPLEMENTAL TERMS AND C ONDIT IONS ............................ ...............................
94
EXHIBIT J: TECHNICAL SPECIFICATIONS ................................................. ...............................
95
EXHIBIT K: PERMITS .............................................................................. ...............................
96
EXHIBIT L: STANDARD DETAILS ............................................................. ...............................
97
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10/25/2011 Item 16.C.3.
EXHIBIT M: PLANS AND SPECIFICATIONS .................. ...............................
EXHIBIT N: CONTRACTOR'S BEY PERSONNEL ASSIGNED TO THE PROJECT
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10/25/2011 Item 16.0.3.
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
SCWRF Electrical Upgrades
COUNTY BID NO. 11 -5749
Separate sealed bids for the construction of SCWRF Electrical Upgrades, addressed to
Mr. Steve Carrell, Purchasing Director, will be received at the Collier County
Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until
2:30 P.M. LOCAL TIME, on the 19th day of August 2011, at which time all bids will be
publicly opened and read aloud. Any bids received after the time and date specified will
not be accepted and shall be retumetl unopened to the Bidder.
A non - mandatory pre -bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 41h
day of August 2011, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project. All Bidders shall submit all
questions via the OnLine Bidding System located at colliergov.nettbid. All questions will
be answered in the OnLine Bidding System. The Engineer's Estimate for this project is
$502,700 Dollars.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, SCWRF Electrical Upgrades Bid No. 11 -5749 and Bid
Date of August 19, 2011". No bid shall be considered unless it is made on an unaltered
Bid form which is included in the Bidding Documents. The Bid Schedule shall be
removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Pumhasing Department E- Procurement website: www.colliergov netlb'd.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certRad or cashiers check or a Bid Bond in an
amount not less than five percent (5 %) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within ten (10)) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
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10/25/2011 Item 16.C.3.
.-� The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bontls, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either be executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Hands. Attorneys -in -fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a caddied and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, cartifcations and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specked In
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bitldefs qualificafons.
The Successful Bidder shall be required to finally complete all Work within two hundred
forty (240) calendar days from and after the Commencement Date specified in the
Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 19th day of July, 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /sl Stephen V Carrell
Purchasing /General Services Director
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10/25/2011 Item 16.C.3.
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Boats of County Commissioners, or
its duly authorized representative.
1.2 The tens "Project Manager' used herein refers to the Owners duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
13 The term "Design Professional' refers to the licensed professional engineer or
architect who is in purity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owners discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his /her duties speed in the Contract
Documents to the Design Professional.
1.4 The term "Bidder used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder' means fire lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on cre basis of the Owners evaluation.
1.6 The tern "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1] The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, propedy signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder
acknowledges and agrees that it shall execute the Agreement in the form attached
hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or magularibes of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Government, Purchasing Department,
3327 Tamiami Trail E, Naples, EL 34112. If forwarded by mail, fire sealed envelope
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Packet Page -141J-
10/25/2011 Item 15.C.3.
containing the Bid must be enclosed in another sealed envelope addressed as above.
Bids received at the location specified herein after the time specified for bid opening
will be returned to the bidder unopened and shall not be considered.
Section 3. Bid Deposit Requirements
11 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clark, a
certified check payable to Owner on come bank or trust company located in the Slate
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit'). The Bid Deposit
shall be retained by Owner as liquidated damages If the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certifcates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until Me
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the one hundred and twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently swat to
the Successful Bidder said alternates at a later time but no later than one hundred and
twenty (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
32 The Successful Bidder shall execute two (2) copies of the Agreement in the form
attached and deliver same to Owner within the time barred noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to Reject Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified! Bidder to such extent as may be
necessary for budgetary reasons.
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10/25/2011 Item 16.C.3.
Section 5. Sianino of Bids I
51 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
51 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an offmer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bitl.
5.5 All Bids shall have names typed or printed below all signatures.
5Z All Bids shall state the Bidders contractor license number.
5] Failure to follow the previsions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, property
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 1. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Ativertisament.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of fire meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other Interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department at the County 's On Line
Bidding System at hdp: / /bid colllergov.netlbid/, to be given consideration. All such
requests for interpretations or clarifcation must be received at least ten (10) calendar
days prior to the Bid opening date. Any and all such interpretations and supplemental
instructions shall be in the form of written addendum which, it issued, shall be issued on
the County a On Line Bidding System at hfp: / /bidcolliergov.neUbidi no later than three
oe,,.ar am p .,M kr Pub, Ummm: RvlR vine
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10/25/2011 Item 16.C.3.
^ (3) working days prior to the date fixed for the opening of Bids. Such written addenda
shall be binding on Bidder and shall become a pad of the Bidding Documents.
82 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
Met it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non -mandatory.
Section 9. Examination of Site and Contract
Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar wlth local conditions that may in any manner
affect performance of the Work;
C. Became familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
^ No plea of ignorance of conditions or difficulties that may exist or conditions or
diffificulles that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
92 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reaulrements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non -responsive or
Irregular ff such materials are not specifically named by Bidder.
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10/25/2011 Item 16.C.3.
Section 11. Bid Quantities ^
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the fowl Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit pnces will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the Issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re- negotiate any
unit prince) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an
expressed requirement of the bid invitation to provide pricing for all alternates as listed.
The omission of a response or a no -bid or lack of a submittetl price may be the basis for
the rejection of the submitted bid response. All bids responses received without pricing
for all alternates as listed will be considered technically non - responsive and will not be
considered for awartl.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspects) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to
perform the contract in a timely and responsible manner. When the contract is awardetl
by Owner, such award shall be evidenced by a written Notice of Award, signed by a
Procurement Specialist of the Owners Purchasing Department or his or her designee
and deliverer to the intended awardee or mailed to awarder at the business address
shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays or Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder 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 holidays) of the date Mat the recommended award is posted. Upon filing of mid
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10/2512011 Item 16.0.3.
i-. notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owners then current Purchasing Policy. A copy of the Purchasing
Policy is available at ottioJ /wnw.colliemov.neVlndex asox' pane :762.
124 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the panting and distribution
of such copies.
12.6 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 certifcate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbizoro /searoM1 heft A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Finns who
do not provide the cerithicate 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 tlmeframe, the County reserves the
right to award to another firm.
12.7 Local Vendor Preference: The Collier County Board of County Commissioners
n has adopted a Local Preference 'Right to Match" policy to enhance the opportunities of
local businesses to receive awards of Collier County contracts.
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 wadable 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.
When a qualified and responsive, non -local business submits the lowest tree bid and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10 %) of the once submitted by the non -local business, then the local business
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have Me opportunity
^ to submit, an offer to match We pnol offered by the overall lowest, qualified and
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10/25/2011 Item 16.C.3.
responsive bidder. In such instances, staff shall first verify if the lowest non -local bidder ^
and the lowest local bidder are in fad qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 FS.
If the lowest local bidder meets the requirements of 28].08], F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
from the lowest non -local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest non
local bid price(s), then award will be made to the lowest overall qualified and responsive
bidder. If the lowest local bidder does not meet the requirement of Section 28].08] F.S.
and the lowest non -local bidder does, award will be made to the bidder that meets the
requirements of the reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming
Status as a Local Business which Is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affdavfl with their bid response will
preclude said Bidder from being considered for local preference on this
solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determine! to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits In Bid
Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection ^
r
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Packet Page -1483-
10/252011 Item 16.C.3.
.-� fees applicable to this Work through an intemal budget transient). Hence, bidders shall
not include these t enncies amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be " qualifed" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified -
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
^ includes Subcontractors in its bid offer which are not °qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de- certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontmctons) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of valve to any County employee, as set forth in
Chapter 112, Pan ill, Flonda Statutes, Collier County Ethics Ordnance No. 2004-05,
GnNUNOn a 1MAg�manl er PURlk ntlllllec. R,,sry �V11
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10/25/2011 Item 16.C.3.
and County Administrative Procedure 5311. Violation of this provision may result in one
or more of the following consequences: a. Prohibition by the intlivitlual, 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.
Section 17. Lobbing
All firms are hereby placed on NOTICE that the Board of Counts Commissioners
does not wish to be lobbied, either individually or collectively about a project for
which a firm has submitted a response.
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
solicitation closing to final Board approval, no firm or their agent shall contact any
other employee of Collier County in reference to this solicitation, or the vendor's
response, 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.
Section 18. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in
compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
'A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity come
may not submit a bid, proposal, or reply on a contract to
provide any goads 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 contrad 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 T 0 for a period of 36 months from the date of
being placed on the convicted vendor list"
Section 19. Sinale Bid
Only one bid from a legal entity as a primary will be considered. A legal entity that
submits a bid as a primary or as part of a partnership or joint venture submitting as
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10/252011 Item 16.C.3.
i-. primary may not then act as a sub - contractor to any other firm submitting under the
same ITS. If a legal entity is not submitting as a primary or as pad of a partnership or
joint venture as a primary, that legal entity may act as a sub - contractor to any other firm
or firms submitting under the same ITS. All submittals in violation of this requirement will
be deemed non - responsive and rejected from further consideration.
r—.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
SCWRF Electrical Upgrades
BID NO. 11.5749
Full Name
Main Busir
Place of B
State Contractor's
State of Florida Catficate of Authority Document Number
Federal Tax Identification Number
To BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, Find or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contmd Documents
and Bonds, and the Contract Drawings and Specifications, including Addenda issued
thereto and acknowledges raceipt below:
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including ubliry and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to In the Contract Documents in me manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractors
,. Bonds and Insurance specified in the General Conditions of the Contract, and to do all
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10/25/2011 Item 16.C.3.
other things required of the Contractor by the Contract Documents, and that it will take �.
full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid
pages.
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n
1025/2011 Item 16.C.3.
BID SCHEDULE
SCWRF Electrical Upgrades
Bid No. 11-5749
Please insert your prices via vrww.colliergov.neUbitl
C... pan a,im Mreeme t m Pwc uai ,a,r amI
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10/25/2011 Item 1B.C.3.
MATERIAL MANUFACTURERS I
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confine by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and /or material is proposed and listed below and is not
approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in
the spectfcation. Acceptance of this form does not constitute acceptance of material
proposed on this list,
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my fine, I confirm that we will use all manufacturers and materials
as specifcally outlined in the Bid specifications.
Data.
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
Please insert additional pages as necessary.
Date:
a
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1025/2011 Item 16.C.3.
^ LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NONRESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are " qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, Including, but not limited to proper licenses,
certificatons, registrations and insurance coverage. The Owner reserves the right to
disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any
Subcontractor, at no additional cost to Owner, which is found to be non - compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.
(Attach additional sheets as needed). Further, the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
Major Category of Work Subcontractor and Address
1.
2.
3.
4.
5.
Date:
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10/2512011 Item 16.C.3.
STATEMENT OF EXPERIENCE OF BIDDER I
The Bidder is required to stale below what wont of similar magnitude completed within
Ube last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the tars of
the Agreement.
Dated
Pro set and Location Reference
M3
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v1nl
10/252011 Item 16.C.3.
TRENCH SAFETY ACT
'bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The
Bidder further identifies the cost to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure Muni Cost Cost
(Descripfonl L( F.SY)
TOTAL $
Failure to complete pre above may result In to Bid being declared non - responsive.
n
Dated
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10125/2011 Item 16.C.3.
Cotoroy
r,
Assmnvn FOR CLAIMING STATUS As A ispi BUSINESS
BID 9115949 (CHECK APPROPRIATE BOXES BELOW)
State of Florida (Select County If Vendor is tlescribarl as a Local Business
❑ Collier Oounry
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier COM"Gard of County
Commissioners and the Regulations Thereb. As opined In Section %I of Me Collier County Purchasing Policy;
A "local business is defned AS a business that has a valid occupational license Issued by either Dopler or Lee County fora
minimum of one (1) year prior to a Collier County bid or proposal submission that authonaes Me business to provide the
commodities or services to be purchased, and a physical business address located within the limits of Collier or Lae Counties
from which the vendor operates or performs business. Post Office Boxes are not veritable and shall not be used for Me
purpose of establishing said physical address. In addition to Me foregoing ,e vendor shall not be considered a rural
business unless ll contributes to the economic development and well -being of aiMar Collier r Lee County In a verifiable and
y. This may include, but not be limited to, Me retention and expansion of employment opportunities, Me
measurable wa
pport and Increase to either Collier or Lee Com" tax base, and residency of employees and plindpals of business
Armed Collier or Lee County vendors shall amrm'm waiting their Compliance with the foregoing at the time of submit their
bid or proposal M be eligible for consideration as a local business• under this sectlnn.
Vendor must complete the bllowmg information:
Year Business Established In peolller County or p Lee County:
Number of Employees (Including Owners) or Coryarate Officest
Number of Employees Living In Q Collier County or 0 Lee (Including Ovmegs) or Corporate Officers):
If requested by the county, vendor will be required to provide documentation substantiating the information given in For
afifixel Failure b do so will result In vendor submission being deemed not applicable.
Collier or Lee County Address
Title:
STATE OF FLORIDA ❑COLLIER COUNTY ❑LEE COUNTY
Sworn to and Subscribed Before Me ,a Notary Public, for the above State and County, on this Day of
2g_
Notary Public
My Commission Expires:
AFFIX OFFICIAL SEAL)
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10/25/2011 Item 16.C.3.
C& Carol
Immigration Law, AKSlaen Certification
SoIICXHIon If and Title: 11-5749 sCWRF Electrical Upgrades
This Affidavit is required and should be signed, notarized by an authorized principal of the film and submitted with formal
Invitations to Bid (ITS a) and Request for Poorest RFP) submittals. Further, Vendors I Bidders are required to enroll in the
E -Verity program, and proved acceptable evidence of their enrollment, at the time of the submission of Me vendor
proposal. Acceptable evitlenw consists of a copy of the properly computed E -Verity Company Payee page are copy of the
fully executed E- Verity Memorandum of Undarstill far Me company. Failure to include this Affidavit and acceptable
evidence of enrollment in the E-Varl program. may Manor the Ventlor/ Bidders Proposal as non re
Collier County will not Intentionally award County Contracts to any vendor who knowingly employs un luMOtizetl alien
workers a violation of he employment provision rura netl in B LLB C Section 1324 a(e) Section 274A(e) of the
Immigration and Nationality Ad (-INA)
Collier County may consider the employment by any vendor of unauthonzed aliens a violation of Section 294A (e) of Me INA.
Such Violation by the recipient of the Employment Pmvsions conlained in Section 274A (e) a Me INA shall de grounds for
unilateral rerminatlon of Me contract by Cooler County.
Vendor atlests that they are lolly compliant with all applicable Immigration laws (specifically to the 1856 Immigration Act and
subsequent Amendment(sk and agrees to comply with the provisions of the Memorandum of Understanding with E -Venfy
and b provide proof of enmllment in The Employment Eligibility Verficamon System (E- Venfy), operated by the Oerso ment
of Homeland Security in pert e t who the Social Security Administration at the time of submission of the Vendor a l
Bidders proposal.
Company Name
not Name
Signature
Sttle of
County of
The foregoing instrument was signed and acknowledged before me this _day of , 20, by
who has produced as ldentMCation.
(Print or Type Name) (Type of Identilcatlon and Number)
Nobly Public Signature
Pool Name of Notary Public
Notary Commission Number /Expiration
The signs¢ of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the barb and a¢umcy of this
affdavat m Interrogatories hereinafter made.
23
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10/25/2011 Item 16.C.3.
C& Curogy
COLLIER COUxry SOLICITATIONS Buasniun IN -9
Rpueatlor Taxpayer Identication Number and (bertifcaton
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
Information for tax reporting purposes from lntllvitluals and companies who do business with the County (including social
11curly numbers if used by m fair e individual or company tax reporting Purposes) Florae Statute
9.071(5) require that the county notify you in ending of the reason for collecting this mmrmafmn, which wll as used
for no other purpose than herein stated Planes complete all Information that applies to your business and All with
your quote or proposal.
1. General Information( pro she all Information)
Taxpayer Name
(as shown overawe tax return)
Business lime
(of &XIM i year taxpayer nnnll
Andress
State
THephone
FAA
Car
Zip
Email
Omer Information
Address
Ramn i Payment inrormalron
Manias
City Stale_
FAA
Lp
Cry State by
FAX
Email
Email
2. Company SYams(check only one)
_Individual l Safe Probes Or COrgoraibn Pannelsdlp
_Tax Exempt (Federal lnwma lax¢xem pl enluY Llmlled oabiuIn Company,
under internal Revenue Service pWdeling lRC
501(c)31 EMar the tax corporeal
p =0lsne sited End C - Co oq P= Pannershl
J. Taxpayer bsinesHbn Number (for ranchland purposes only)
reap Tax insurrection NumderJN)
(vendors who do not have a TIN will be required to powers a si sixonly number p or to an award of the confirm.
a. sign and Date Farm
Cemarefwn: uadarpenaldea oipsi lcemNmatlhe videnolpn shown on misbrm IS correct N mymowlads,
spnawre wig Tide Phone limber
Colarvmon aemwa Aervamanr. plead A11201a
Packet Page -1495-
10125/2011 Item 16.C.3.
^ Upon notification Mat its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Cedfcates as required by Ne Contract
Documents. The bid security attached is to become the property of the Owner in the
event the Agreement, Insurance Certificates and Bonds are not executed and delivered
to Owner within the time above set forth, as liquidated damages, for the delay and
additional expense to the Owner, it being recognized that, since time is of Ne essence,
Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to
Owner the required Agreement, Insurance Cedificates and Bonds within the required
time period. In the event of such failure, the total amount of Owners damages, will be
difficult. A not impossible, to definitely ascertain and quantify. It is hereby agreed that it
is appropriate and fair that Owner receive liquidated damages from the Successful
Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates,
and Bonds as required hereunder. The Successful Bidder 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 Owners actual damages at the time of bidding if the Successful
Bidder fails to execute and deliver the Agreement, Insurance Cedificates, and Bonds in
a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at
the site within 5 calendar days from the commencement date stipulated in the written
Notice to Proceed unless the Project Manager, in wrong, subsequently notifies the
Contractor of a modified(later)commencement date. The undersigned fuller agrees to
substantially complete all work covered by this Bid within one hundred eighty (180)
consecutive calendar days, computed by excluding the commencement date and
including the last day of such period, and to be fully completed to the point of fnal
acceptance by the Owner within sixty (60) consecutive calendar days after Substantial
Completion, computed by excluding commencement date and including the last day of
such period.
Respectfully Submitted
State of
County of
, being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and
that all statements herein made are made on behalf of such Bidder and that this
deponent is authorized to make them.
also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents,
including the Contract Drawings and Specifications and has checked the same in detail
before submitting this Bid, that the statements contained herein are true and correct.
C,n.wao, eemms Aqu,,M . Rll. wIWI
Packet Page -1496-
10/25/2011 Item 16.C.3.
(a) Corporation ^
The Bidder is a corporation organized and existing under the laws of the State of
which operates under the legal name of
and the full names of its
officers are as follows:
Secretary
The is authorized to sign construction bids
and contracts for the company by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike
out this last sentence if not applicable).
(b) Co- Partnership
The Bidder is a co- partnership consisting of individual partners whose full names are as
follows:
The co- partnership does business under the legal name of
(c) Individual
The Bidder is an individual whose full name is
and If operating under a trade name, said trade name is
C,,w m ee.WS Rgmment amssd a1ao1s
Packet Page -1497
10/25/2011 Item 16.C.3.
Complete for information contained in (a) Corporation, (b) Co- Partnership or (c)
Individual from previous page.
legal entity
BY
Name of Bidder (Typed)
Signature
rifle
STATE OF
COUNTY OF
The foregoing instmment was acknowledged before me this day of
2011, 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 Ni
Conomrymo, semws ACioomon: ao+w&1 ol1
Packet Page -149&
10/25/2011 Item 16.C.3.
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(herein after called the Principal) and
(herein called the Surety), a corporation chartered and existing under the laws of the
State of with its principal offices in the city of
and eumorizetl to do business in the State of are held and
firmly bound unto the
(hereinafter called the Owner), in the full and just sum of
dollars ($ )
good and lawful money of me United States of America, to be paid upon demand of the
Owner, to which payment well and truly to be made, the Principal and the Surety bind
themselves, their heirs, and executors, administrators, and assigns, jointly and severally
and firmly by these presents.
Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for
furnishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on the Protect known as
SCWRF Electrical Upgrades
Bid No. 11 -5749
NOW, THEREFORE, if the Owner shall accept the Bid of me PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with me terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in me prosecution thereof or, in the event of the failure of me
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required cedifcates of insurance, if me PRINCIPAL shall pay to the OBLIGEE
me fixed sum of $_ noted above as liquidated damages, and not
as a penalty, as provided in the Bidding Documents, then this obligation shall be null and
void, otherwise to remain in full force and effect.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of . 2011.
M
Countersigned
Packet Page 1499-
Principal
(Seal)
Surety
(Seal)
P
^ Local Resident Producing Agent for
^
10/25/2011 Item 1B.C.3.
co..�ryrna^ xm� aa�m.
Packet Page -1500.
10/25/2011 Item 16.C.3.
(Firm's Complete Legal Name)
Main Business
(City, State, ZIP)
Contact Name Phone No
Tither FAX No,
ADDITIONAL CONTACT INFORMATION
Send Payments To
(REQUIRED ONLY if different from above)
(Company Name used as Payee)
Contact Name
Title
(CRY. State, ZIP)
Phone No. _
FAX No.
Email address
Office Servicing Collier County Account
/Place OrdersfRepuest Supplies
(REQUIRED ONLY if different from above)
(Address)
(City. State, ZIP)
Contact Name Phone No.
The FAX No.
Email Address:
emzo 0
Packet Page 1501-
10/25/2011 Item 16.C.3.
^ THIS SHEET MUST BE SIGNED By VENDOR
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following Items as the necessary action is completed'
1. The Bid has been signed.
2. The Bid prices offered have been renewed.
3. The once entensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery Information required Is InGutletl.
& Loral Vendor Preference AMdavit Completed.
]. Immgradon Affidavit completed.
8. Certificate of Authority to Conduct Business in State of Flonda.
9, Coiner County's Substitute W -9
10. If required the amount of Bid bond has been Checked, and the Bid bond or
cashiers check has been InGutletl.
11. Any addenda have been signed and included.
12. The mailing envelope has been addressed to
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
13. The mailing envelope must ba sealed and marked with
paid Number; 11 -VO
ePrgect Name; SCWRF Electrical Upgrades
ACIPening Date. August 19, 2011
14. The Bid will be mailed or delivered in time to be received no later than the specified
Qoertno date and rime. (0therwise Bid cannot be considered)
ALL COURIER- DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Bidder Name
Signature & Title
at
Conslrvaon ii A9i : Rw cad 61112011
Packet Page -1502-
1025/2011 Item 16.C.3.
CONSTRUCTION AGREEMENT ^
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ( "Owner") hereby contracts with Gulf States Electrical, Inc. ( "Contractor") of
Florida, a Corporation, authorized to do business in the State of Florida, to perform all
work ('Work ") in connection with SCWRF Electrical Upgrades, Bid No. 11 -5749
( "Project "), as said Work is set forth in the Plans and Speci icadons prepared by
AECOM Technical Services, Inc., the Engineer and/or Architect of Record ( "Design
Professional ") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Ordere, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract "). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Wod.
B. Owner shall furnish to the Contractor one reproducible set of the Contact ^
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contactor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete In a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Centracicr the following amount (herein "Contrad Amount "), in
accordance with the terms of this Agreement: Eight Hundred Thousand Nine Hundred
Seventy Dollars and no cents ($800,970.00)
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Centract Amount, the costs of
which are to be paid by Contactor. The Performance and Payment Bonds shall be ^
co"s,,,e�o„samm :yre.manr.
Packet Page -1503-
10/25/2011 Item 16.C.3.
^ underwritten by a surety authorized to do business in the State of Flonda and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies-
circular. This circular may be accessed via the web at
wwwtms treas qcv/c570/c570.htmI#cerffied. 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.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Flonda, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cast and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liquidated
Dames.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the writlen Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
i—. 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.
Contractor shall achieve Substantial Completion within one hundred eighty (180)
calendar days from the Commencement Date (herein "Contract Time"). The date of
Substantial Completion of the Work (or designated portions thereof) is the date certified
by the Design Professional when construction is sufficiently complete, in accordance
with the Contract Documents, so Owner can occupy or i filize the Work (or designated
portions thereof) for the use for which it is Intended. Contractor shall achieve Final
Completion within sixty (80) calendar days after the date of Substantial Completion.
Final Completion shall occur when the Agreement is completed in its entirety, is
accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and throughout the Contract Documents, the phrase "Project Manager'
refers to the Owner's duly authorized representative and shall mean the Division
Administrator or Department Director, as applicable, acting directly or through duly
authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, R not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, One thousand four
C""nn,aa„$9niwsegwlwt sa..vearrim�
Packet Page -15iNl
10/25/2011 Item 16.C.3.
dollars and three cents ($1001.03) for each calendar day thereafter until Substantial ^
Completion is achieved. Further, in the event Substantial Completion is reached, but
the Contractor fails to reach Final Completion within the required time period, Owner
shall also be entitled to assess and Contractor shall be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on Me date the Project
Manager (or at hislher direction, the Design Professional) issues a Certricate of
Substantial Completion pursuant to Oe terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated tlamages as a penally, which the parties agree represents a fair and
reasonable estimate of the Owners actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
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.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days. .--.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owners sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owners election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay In achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
O. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and noted
the Contractor in writing that the Work is complete. Once the Owner has approved and ^
c„n.miw $omdensxm.•r aemem a,vsmi
w
Packet Page -15o5-
10/25/2011 Item 16.C.3.
^ accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Pates.
Contractor shall be liable to Owner to the extent Owner incurs damages from a [hind
party as a result of Contractors failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not Preclude Owner from recovering from
Contractor any other non -delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated,
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F.
Exhibit G
Exhibit H
Exhibit l:
Exhibit J:
Exhibit K.
Exhibit L:
Exhibit M
Exhibit N.
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Oder Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (ff applicable)
Plans and Specifications prepared by AECOM Technical Services,
nc
and identified as follows: SCWRF Electrical Upgrades
as shown on Plan Sheets 1 through 10.
Contractor's List of Key Personnel
Section T. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or
Facsimile, addressed to the following:
Collier County Public Utilities Planning & Project Management
Oscar Martinez
3339 Tamiami Trail East
Suite 303
Naples, FL 34112
Tel: 239/252-6214
arrzat5
Packet Page -150&
10/252011 Item 16.C.3.
Fax: 2391252 -5378
Email: 0 M h (a) II'erauv net
B. All Puttee required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Gulf States Electrical, Inc.
Attn: Mann Rogers, President
4585 Progress Ave.
Naples, FL 34104
Tel 2391263 -7137
Fax: 2391263 -7328
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 0. PUBLIC ENTITY CRIMES,
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A parson or affiliate who has bean placed on the convicted
vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goads or services to a
public amity for the construction or repair of a public building or
public work, may not submit bids on leases of real property b a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY Two for a period of 36 months from the
date of being placed on the convicted vendor list.-
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other previsions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Cw wmw same. Avre mWl Raaw uV2o11
Packet Page -1507
10/25/2011 Item 16.C.3.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or
more of the provisions of the Agreement shall not be construct to be and shall not be a
waiver of any such provision or provisions or of its night thereafter to enforce each and
every such provision.
Section 13. Entire Agreement
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 16. Severabilfty.
Should any provision of me Agreement be communed by a rood to be unenforceable,
such a daterm i-atlon shall not affect the validity or enforceability of any other section or
pad thereof.
Section 15. Change Order Authorization
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes elected to as Tungus contra proferentum" (pursuant to which ambigunes in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section t). Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
col..wa"SOrvr ¢Aare lllt a...se ervaorr
Packet Page -1508-
10/2512011 Item 16.C.3.
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Consttruchon Agreement and the General Terms
and Conditions, the conflict shalt be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner s discretion,
IN WITNESS WHEREOF, the parties have executed this Agreement on the
comic) indicated below.
TWO WITNESSES :
By
FIRST WITNESS
Type /Print Nam
SECOND WITNESS
Type /Print Name
Date:
ATTEST:
Dwight E. Brack, Clerk
CONTRACTOR:
46
Type /Print Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
Approved As To Form
and Legal Sufficiency:
Assistant County Adomey y}w
BY:
Fred W. Coyle, Chairman
cv%wa" s..+m M�+w n..i.m cur not i
Packet Page -1609-
1 012 5/2 01 1 Item 16.C.3.
r. EXHIBIT A: PUBLIC PAYMENT BOND
SCWRF Electrical Upgrades
Bond No.
Contract No. 11 -5749
KNOW ALL MEN BY THESE PRESENTS: That
and as Principal,
Surety, located at as
(Business Address) are held and firmly bound to
as Obligee in the sum of
($ I 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 be day Of
2011, 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 be aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of be number of suits that may be fled by
claimants.
IN WITNESS WHEREOF, the above parties have executed his instrument this
day of 2011, be name of each party being affixed and these presents
duly signed by its under - signed representative, pursuant to authority of its governing
body.
cmcirva"S'ry Asreement. aersee NVx[11
Packet Page -1516
10/25/2011 Item 16.C.3.
Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY
Witnesses as to Principal NAf
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)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, Stale of
Commission No.:
ATTEST: SURETY:
Priced Name)
(Business Address
(Authorized Signature)
to Surety (Printed! Name)
ComwNen Snnme Agra ta..e.mdv2oi1
Packet Page -1511-
OR
10/25/2011 Item 16.C.3.
As Aflomey in Fact
(Attach Power of Attorney)
Witnesses ( Pnnted Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2011, 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)
My Commission Expires
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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Packet Page -1512-
10/25/2011 Item 16.C.3.
EXHIBIT A; PUBLIC PERFORMANCE BON D
SCWRF Electrical Upgrades
Bond No.
Contract No. 11 -5749
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 day of
, 2011, 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 H Principal
I . Performs the Contrad 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 Contrad, 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 specked in the Contract, then this bond is ved; 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 me 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.
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.
Cwwuawsemmc Aquemenv. RxIxM Wi¢Ol
Packet Page -1513-
10/25/2011 Item 16.C.3.
^ In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Send regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parries have executed this instrument this
day of 2011, 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 _ day of
^ 2011, 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 over.
My Commission Expires:
(Signature)
Name'
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, Stateof:
Commission No.:
cn,�me. 81. 1 Ao�"'L' aa..w V112011 V112011 a„
Packet Page -1514-
10/25/2011 Item 16.C.3.
ATTEST: SURETY: .-.
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
ME
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
,2011, by ,as
Of , a Surety, on
behalf of Surety. a/ he is personally known b me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name'
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: .-.
Commission No.:
Packet Page -1515-
10/2512011 Item 16.C.3.
^ EXHIBIT B: 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 EXHIBIT B of this solicitation. The Vendor shall procure and maintain property
insurance upon me entire project, V 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 EXHIBIT B with the use of Insurance Services Office (ISO)
fortes and endorsements or their equivalents. If Vendor has any self - insured retentions
or deductibles under any of the below listed in inimum 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.
Coveragefsl 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.
c Iltluo.eeal ®s Agreement'. R.IIm Wll ll
Packe Page -1516-
10/25/2011 item 16.C.3.
The Vendor and /or its insurance carer shall provide thirty (30) days written notice to ^
the County of policy cancellation or non - renewal on the pad of Ne insurance carder 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 Police. 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 pennifted under such policy.
Should at any time the Vendor not maintain the insurance coveragi required herein,
the County may terminate the Agreement or at its sole discretion shall be authorized to
purchase such ceverage(s] and charge the Ventlor for such coveragets 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
coveragefl purchased or the Insurance company or companies used. The decision of
the County to purchase such insurance coveragejs) shall in no way be construed to be
a waiver of any of its rights under the Contact Documents.
If the initial or any subsequently issued Cenifcate of Insurance expires prior to the
completion of the scope of work, the Vendor shall furnish to the County renewal or
replacement Carlifcate(s) of Insurance not later than ten (10) calendar days after the
expiration date on the certificate. Failure of the Vendor to provide the County with such
renewal certficate(s) shall be considered justification for the County to terminate any
and all contracts.
w,nrynm s.m ®.imam.
Packet Page -1511-
10/25/2011 Item 16.C.3.
Collier County Florida
INSURANCE AND BONDING REQUIREMENTS
Insurance /Bond Type
Required Limits
1. ® Worker's
Statutory Limits of Florida Statutes, Chapter 440 and all
Compensation
Federal Goverment Statutory Limits and Requirements
2. El Employer's
$1000005ingle limit per occurrence
Liability
3. ® Commercial
Bodily Injury and Property Damage
General Liability
(Occurrence Form)
$1 001,000 single limit per occurrence
patterned after the
current ISO form
4. ® Indemnification
To the maximum extent permitted by Flonda law, the
ContractorNandor /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
ContmctorNendor /Consultant or anyone employed or
utilized by the CcnhaccoVendor /Consultant in the
Performance of this Agreement This indemnification
obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident
arising from the sole negligence of Collier County.
4. ® Automobile $ 1 000 000 Each Occurrence; Badly Injury 8 Property
Liability Damage, Owned /Non - owned /Hired; Automobile Included
5. ❑ Other insurance ❑ Watercraft $
as noted: Per Occurrence
❑ United States Longshoreman's and Harborworker's Act
coverage shall be maintained where applicable to the
completion of the work.
Per Occurrence
❑ Maritime Coverage (Jones Act) shall be maintained
where applicable to the completion of the work.
Packet Page 1518-
10125/2011 Item 16.C.3.
Per Occurrence .-.
❑ Aircraft Liability coverage shall be canned in limits of not
less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
S
Per Occurrence
❑ Pollution $
Per Occurrence
❑ Professional Liability
E Per Oxunence
IS 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
❑ Project Professional Liability
$ Per Occurrence
❑ Valuable Papers Insurance
$ Per Occurrence
6. ® Bid bond Shall be submitted with proposal response In the form of
cedified 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.
]. ® Performance and For projects in excess of $200,000, bonds shall be submitted
Payment Bonds 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 surety
authorized to do business in the Slate of Florida and
otherwise acceptable to Owner; provided, however, the
surety shall be rated as 'A-' or better as to general policy
holders rafing 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.
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Packet Page -1519-
10/25/2011 Item 16.C.3.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance
requirements that he is required to meet The same Vendor shall provide County with
certificates of insurance meeting the required insurance provisions.
9. ® Collier County must be named as 'ADDITIONAL INSURED" on the Insurance
Certificate for Commercial General Liability where requiretl.
10.® The Certificate Holder shall be named as Collier County Board of County
Commissioners, OR, Board of County Commissioners in Collier County, OR Collier
County Government, OR Collier County (or Airport Authority or Collier MPO).
11.® Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence
of insurability may be required within five (5) days of the award of this solicitation.
Name of Firm Date _
^endor
Signature
Print Name
Insurance
Agency
Agent Name Telephone
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Packet Page -1520-
10/25/2011 Item 16.C.3.
EXHIBIT E:RELEME AND AFFIDAVIT FORM .-.
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me. Me undersigned auNoritg persoonallyy beap9eared duly
sworn, deposes and says: a
(1) In acwhim" a with the Contract Documents and in consideration of
S pate, ('contractor)
releases antl waives brilseH antl Rs suMUnfeclore, materal -men and assigns. all claims
i
demands, damages. casts and expenses, whether In contract or nstotl, against the Board of County
Commissioners of Collier County, Floods relating In any way to are performance of the Agreement
between Contractor and Owner dated 2011 for the period from
to excluding all reta rrems withheld and any
pending claims or disputes as expressly specified as follows:
(2) Contractor ce fifes for itself and Its subcontractors, material -men, successors and assigns. Nat
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 fled, have been fully optimal
and paid.
(3) To the maximum extent permitled by low, Contractor agrees to indemnify, defend and save
balmless Owner from all demands or suits, actions, claims of liens or other charges fried or seemed
against the Owner arming out of the performance by contractor of the Work covered by this Release and ^
Atfmaw.
(a) This Release and Agreed is glean in commotion with Commolor'e[Mundelyltlnal] Application for
Payment No _
CONTRACTOR
BY
S:
—President
DATE
STATE OF
COUNTY OF
The %"mine Instrument was acknowledged before me This _ day of
2011, by .a
of
corporation, on behalf of the corporation. He me Is person illy known
n Up me or as re o Q take an oath, and
My Commission Expires:
Packet Page 1521-
Conewmonsereaw Agreement aeeeeevvEart
10/25/2011 Item 16.C.3.
(Signature of Notary)
NAME:
(Legg Printed)
(AFFIX OFFICIAL SEAL) Notary Public. State of
Commissioner No
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Packet Page 1$23-
10125/2011 Item 16.C.3.
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid NC.
(County Department) Pmjest No
Collier County Board of County Commissioners (me OWNER) or
Collier County Water-Sewer District (tM1e OWNER) Application Date
FROM (Contractors RepreaentaMa) Payment Application NC-
(Contractor sName) for WON accomplished through the
Date.
(Contractor 'a Address)
RE:
P
door Name)
Original Contract Time:
Original Contract Price'.
Revised Contract Time.
Total Change Orders b Date
8
Rev�sea Contract Amount
Total used of WON completed
Reeinagd @1B %thrugnsed data] 8
and scored to Date
s
Repinage ®_% after insert tlalel $
= Less ReYainaga
Total Earned Less Rateinage
Percen(WOM completed to Data
% Less previous payment (s)
Percent Contract Time completed to Date
%e AMOUNT DUE THIS
APPLICATION:
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR ceNXloo that (1) all previous
progress payments received from OWNER on account of WON done under the Contract referred to above '..
have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with WON
covered by prior Appennations for Payment numbered 1 through _ Inclusive; (2) box to all Pol is
and equipment incorporated In said WON or otherwise listed In or covered by this Application for Payment
will pass 0 OWNER at time of payment tree and clear of all (lens, claims, security measure and
encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have boon paid
for woN which previous payments were issued and received from the OWNER and that current payment
is now due: and (4) CONTRACTOR has only included amounts in this Application for Payment properly
due and owing and CONTRACTOR has not included Within the above referenced amount any claims for
Co Itilitn S,vi Agree m. amsoe on Val
Packet Page -1523-
10/252011 Item ll
onaumnrlud or changed Work m riting that has not been properly approved by Owner In w and In advance
f such Work.
By CONTRACTOR: (Contractor Name)
DATE (Signature) Name &
(shall be signed by a duly aumobsed representative of CONNTRACTOR)Tltle)
Payment W me CONTRACTOR for Me above AMOUNT DUE THIS APPLICATION is recommended
By Design Emblazoned L (DP's Name)
(Signal DATE
(Type Name a Tine)
Payment to Me CONTRACTOR forms above AMOUNT DUE THIS APPLICATION is approved
By OWNER'S Project Manager.
(Signature) DATE'.
(Type Name and Tdle)
ce�.lwao� Ili Amennet. Isli u1st
Packet Page 1524-
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10/2512011 Item 16.C.3.
Packet Page -152]-
10/2512011 Item 16.C.3,
EXHIBIT E: CHANGE ORDER
T0: FROM: Collier County Government
Project Name Constmdion Agreement Dated
Ch No. Change Ober NO.: Date'
Change Order Description
Original Agreement Amount ......_ .......... ......... __....... ..........__......$
Sum of previous Change Orders Amount _ ... ............
__............. $
This Change Order Amount 1.... 1... 11... ... ._._11.1.1 ... ._....___......... $
Revised Agreement Amount ........ .... ..._.. ..... .............. 1.1 .... 1...... 1...
. $
Original Contract Time in calendar days
Adjusted number of belentlar days due to Previous Change Orders
This Change Oder adjusted dme Is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on annual Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and wil be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contactor
arising out of, or related to, the change set forth herein, including claims for Impact and delay
Wits.
Prepared by: Date: _
Project Manager
Recommended by: Date: _
Design Professional
Accepted by Date: _
Contractor
Approved by Date'.
Department Director
Authorized by Date:
Division Administrator
(For use by Owner: Fund Cost Center: Object Code'. Pajed
Number:
Cunswow, senior Agimem: senses 611
r
Packet Page -1528-
10/25/2011 Item 16.C.3.
Packet Page -1529-
10/25/2011 Item 16.C.3.
^ EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Protect No Dentin Professional's project No
PROJECT:
CONTRACTOR
Contract For
Contract Data
This Cenirwale of Substantial Completion applies to all Work under she Contract Documents or to me
following specified pans thereof'.
To
And
To
Substantial Completion is the state In the Progress or the Work when the Work (or designated
Portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which am CeNOcate applies has
been occurred by authorized representatives of OWNER. CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete In accordance wth the
requirements of Contact Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of Items to be completed or comet eb Is attacM1ed hereto This list may not be all inclusive .
and the failure to Turned an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in dependence with the Contact Documents. The items In the tentative list shall be completed
or corrected by CONTRACTOR said days of the above date of ubstantial Completion.
is
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Packet Page 153&
10125/2011 Item 16.C.3.
The responsibilities between OWNER and CONTRACTOR for security , operation, cargo, maintenance, ^
beat utilities, Insurance and warranties shall be as (Dhows:
RESPONSIBILITIES:
OWNER'.
The Iolloveng documents are attached to and made a part Of this Congress:
This manifesto does not onsNme an acceptance of Work not accordance with the Cono-am
Documents noris II a release of CONTRACTOR'S bails an to complete the Work In accordance with the
Contract Documents.
Executed! by Design Professional on .2011
Design Impassioned
By
TVs Name and Tile
CONTRACTOR accepts this Ceninwte Of substantial Completion on
CONTRACTOR
By
Type Name and The
OWNER accepts this Ceng¢ate of Substantial Completion
BY
Type Name and Title
so
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Packet Page -1531-
10125/2011 Item 16.C.3.
^ EXHIBIT G: FINAL PAYMENT CHECKLIST
BItl No Project No Date. 2011
Contmgno
The Following items have been secured by the
for me Project known as
ana nave been reviewed ana round P enmity wilt me repdrremems 0nbe comrad Documents.
Original Contact Amount: Final Contract Amount.
Commencement Date.
Substantial Completion Time as aeHorm in the Agreement'. Calendar Days,
Actual Date of Substantial Completion:
Final Completion Time as set fort In the Agreement Calendar Days.
Actual Final Completion Date
YES NO
1. All Punch List items door pletM on
2. Warranties and Guaranteed assigned to -Owner to Pis tonn).
3. Effective date of General one year warranty, from Contractor is.
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted lust manuals In attachment to this four)
^ 5. As -Built daxings Obtained and dated.
6. Owner personnel tremed on system and equipment operation.
T. Cedircate of O¢upancy No
request on (arch to only, form).
S. Carol of Substantial Completion ssued on
g. Final Payment Application and Am cattle received from Contractor on:
10. Consent of Surety received on
11 Operating Department personnel nouned Project is in operating phase.
12. All Spare Farm or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner,
14. Vendor Evaluation
15. Other'.
It any of me above Is not applicable, indicate by N /A. If NO is checked for any of above, allach
explanation.
AcKnowladgmenm
By Contractor: (Company Name)
(Signature)
(Typed Name re Tide)
ConeWmon semue Ad"I"n novse
e¢IV2011
Packet Page -1532-
10/25/2011 Item 16.C.3.
By Design
Professional
(Firm Name)
(Signature)
(Typed Name & Ti
By owner.
(Department Name)
(Signature)
(Name & Title)
Comwceon Se.+ux Mmmant aereee all 12011
Packet Page -1533-
10/25/2011 Item 16.C.3.
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
Me Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at me time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in will and before proceeding with the Work affected
(hereby shall obtain a written interpretation or clarification from the Project Manager,
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
^ Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings, Specifications are separated into
divisions for convenience of reference only and shall not he interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
(flings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
^ those affecting transportation, access, disposal, ranching and storage of materials;
ie
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Packet Page -1534-
10125/2011 Item 16.C.3.
availability and quality of labor; water and electric power; availability and condition of
roads', work area; living facilities; climatic conditions and seasons; physical conditions at
Me work-site and the project area as a whole; topography and ground surface
conditions: nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
22 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub- Section 2.2 as the 'Utilities ".
Contractor shall contact the owners of all Utildies to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in he Contract
Documents or (it) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of he character provided for in he Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terns of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions. Owner and Design Professional shall promptly investigate such
conditions and, 'rf they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work, Owner
will acknowledge and agree to an equitable adjustment to Contractors compensation or
time for performance, or both, for such Work. If Owner determines that the conditions at
the site are not materially different from those indicated in he Contract Documents or
not of an unusual nature or should have been discovered by Contractor as part of its
investigative services, and that no change in the terms of the Agreement is justified,
Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in
opposition to such determination by Owner must be made within seven (7) calendar
days after Contractors receipt of Owner's written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractor's cost or time of performance,
the dispute resolution procedure set forth in he Contract Documents shall be complied
with by the parties.
Censtwcdw&&ry eP, m.m. Romed snrmn
Packer Page -1535
10/25/2011 Item 16.C.3.
^ 3. SCHEDULE.
31 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for Me Project (herein 'Progress Schedule'). The Progress Schedule shall
relate M all Work required by the Contract Documents, and shall utiline the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within Me Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updatetl monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to Me Progress Schedule with its
monthly Applications for Payment noted below. The Project Managers review and
approval of Me submitted Progress Schedule updates shall be a condifion precedent b
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Saturday. No work shall be performed outside the specified hours without Me
prior approval of the Project Manager.
^ 4. PROGRESS PAYMENTS.
41 Prior to submitting its first moni Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon Me Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractors monthly Applications for Payment. This
schedule shall be updated and submitted each month along wm a completed copy of
the Application for Payment forth signed by Me Contractors authorized representative
and attached to Me Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and malerialmen submitted
with its Bid showing the work and materials involved and Me dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to Me list of Subcontractors submitted win Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier Man thirty (30) days after
Me Commencement Date. Notwithstanding anything herein to Me contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to Me first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
Cwu n 1r011
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43 Contractor shall submit all Applications for Payment to Engineer's Name, -�
Engineer's Firm, located at Engineer's Address.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at
Owners sale discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
Me basis of materials and equipment not incorporated into the Project, but delivered
and suitably stered at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements b protect
Owners Interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Recortl
attached hereto and made a part hereof as Exhibit D -3,
4.5 Contractor shall submit four (4) copies of its monthly Application for Payment to
the Protect Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After me date of each Application for Payment is
stamped as received and within the timefmmes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment, ^
stating in writing its reasons therefore: or (3) return the Application for Payment to me
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the adminatrafrve procedures established by the
Count's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by me
Project Manager, the Contractor may make the necessary corrections and re- submit the
Application for Payment. The Owner shalt, within ten (10) business days after the
Application for Payment Is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor me amounts so approved.
4.5 Owner shall retain ten percent (10 %) of the gross amount of each monthly
payment request or ten percent (10 %) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released m Contractor until final payment is due unless otherwise agreed to by me
Owner in accordance with Florida Statute 255 078. The Project Manager shall have the
discretion to establish, in writing, a schedule m periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute
255.078 and as set foM in the Owner's Purchasing Polity. ^
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10/25/2011 Item 16.C.3.
^ 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
41 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractors receipt of payment in full for all materials, labor, equipment
and other bills Nat are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owners sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4B Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular Intervals
based on the Contact Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to raged approved adjustments to the
Contract Amount and Contact Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
ac Notwithstanding anything in the Contract Documents to the contrary,
aymen Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute ute are due
and payable.
4.10 Payments will be made for 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 rasped to the timely
submission of invoices under this agreement.
S. PAYMENTS WITHHELD
5.1 The Project Manager may decline to approve any Application for Payment, or
centers thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non - compliance with the Contract Documents. The Pmject
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contactor 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
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(a) defective Work not remedied; (b) third party claims filed or reasonable evidence ^
indicating probable filing 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 by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractors expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non - liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 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.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
215.135, F.S. and the administrative procedures established by the Countys
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the small of
Contractor's right to final payment, shall have furnished Owner with a property executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of his Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
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1025/2011 Item 16.C.3.
^� 7. SUBMITTALS AND SUBSTITUTIONS.
71 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
fine naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if suffuent
information is submitted by Contractor b allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perfonn the functions and
.-. achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contact
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the subsbtute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identifed in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including coals for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contactor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a spec means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager b determine that the substitute proposetl is equivalent to that
indicated or required by me Contract Documents. The Procedures for submission to
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10/252011 Item 16.C.3.
and review by the Project Manager shall be the same as those provided herein for ^
substitute materials and equipment.
7.5 The Projed Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and d need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractors expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Projed
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS- BUILTS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily IN of the Contractor's work for the preceding
week in a formal approved by the Project Manager. The daily IN shall document all
activities of Contractor at the Project site including, but not limited lo, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2 Soil conditions which adversely affect the Work;
8.1.3 The hours of operation by Contractors am Sub- Contractors
Personnel;
8.1.4 The number of Contractor's and Sub - Contractors personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, desorption of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1 .7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1 9 A list of all visitors to the Project
8A Ad Any problems Nat might impact either the cost or quality of the Work or
the time of performance. ^
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10/25/2011 Item 16.13.3.
i-. The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders , as
well as all written interpretations and clarifications issued by Me Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately refied all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Walk Directive
Changes and Field Croons, and all concealed and buried installations of piping, conduit
and utility services. All boded and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, connections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"AS- Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built' record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
i-. 8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the data the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention periotl noted above; provided, however,
such activity shall be concluded only, during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and renominate the
Work being done on the Protect by its subcontractors and material -men, 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 ad 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 Doaments, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
92 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 Connector, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, ads of government, fires, floods, epidemics, quarantine regulation,
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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.
93 No interruption, interference, ineffciency, 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 its 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. Contractors 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.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to .-.
increase or decrease the Wok. Promptly after being nabbed of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of Me change. Except in an emergency endangering life or property, or as
expressly set forts 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 alleged changes
must be approved by Owner in writing prior to starling such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: () a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E 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 Me Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for Me
requested change, Contractor shall, nevertheless, promptly perform the change as
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.-. directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section i t of these General Conditions or else he deemed to have waived
any claim on this matter it might Chemise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
Me amount of Me increase shall be limited to the Contractor's reasonable direct labor
and material Costs and reasonable actual equipment Costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10 %) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum tan percent (10 %) markup for all overhead and profit for all
Subcontractors' and sub - subcontractors direct labor and material Costs and actual
equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon
by the Contractor for all of Its overhead and profit, for a total maximum markup of fifteen
percent (15 %). All Compensation due Contractor and any Subcontractor or
sub - subcontractor for field and home once overhead is included in the markups noted
above. Contractors and Sub - Contractors bond Costs associated with any change order
shall Im included in the overhead and profit expenses and shall not be paid as a
separate line item. No markup shall be placed on sales tax, shipping or subcontractor
markup.
10.5 Owner shall have the right to Conduct an audit of Contractors books and records
to verify the accuracy of the Contractor's Claim with respect tm Contractors Costs
associated with any Change Order or Work Directive Change,
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
1117 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.
1f. CWMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the paNes seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made In writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
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giving rise to such Claim or else the Contractor shall be deemed to have waived the ^
Claim. W hi supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any gentling Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in wilting. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fad that such other work is to be performed is not noted in the Contact Documents,
written notice thereof will be given to Contractor prior to stating any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall mind ended notice of that fad to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
Me Contractor fails to send the above required forty -eight (48) hour notice, the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owners employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contactor shall do
all cutting, fRfting and patching of the Work that may be required to make its several
parts come together property and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only Put or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contactor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contactor in said direct
contacts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
milk of any other contractor or utility owner (or Omer), Contactor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that tender it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
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10/25/2011 Item 16.C.3.
^ 13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgmeobs, actions, proceedings, lasses or costs,
including, but not limited to, reasonable atlomeys'fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, properly damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in We performance of this
Agreement.
132 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and wdden notice of such caim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is Polly and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
^ Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
the Agreement. Further, the Contractor shall at all times comply with all of the terns,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 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, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor obsenres that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, Nle, regulation, code, statute, or ordinance requires are Inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed Nat in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the sate this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
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with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.SC. 1324, at seer. 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.
14 .3 Statutes and executive orders require employers to abide by the immigration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E -Verity) 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. Theprogramwill
be used for Collier County formal Invitations to Bid (ITS) 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 -Verily pogam, and provide acceptable
evidence of their enrolliment, at the time of the submission of the vendor indicter' a proposal.
Acceptable evidence consists of a copy of the papery 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 wllhthe E- Verify Program. The affidavit Is attached to the
solicitation documents. If the BidderNendor does not comply with arovldina both Use
acceptable E-Verilk, evidence and the executed affidavit the bidder's l vendor's proposal
may be deemed non - responsive.
Additionally, vendors shall require all subcontracted vendors to use the E -Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
For addllional information regarding the Employment Eligibility Verification System (E Verity)
program visit 0e following websits: b r, Ywewtlhs govlE- Van fv. It shall be the vendors
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation any firms) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1985 as located at 8 U.S C. 1324, at sl and regulations relating thereto, as either may be
mended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply Win the laws referenced herein or the provisions of this affitlavlt shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate sold agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 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
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.—. well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave Me Project site dean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited M,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restared by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owners consent, shall be void. If Contractor does, with
approval, assign this Agreement or any pal thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of fire obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
1].1 Pursuant M Section 21880, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
^ to Me Work through an internal budget transfer(s). Contractor is not responsible for
paying for pennits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require Me Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All pennits, fees and licenses necessary for the prosecution of Me Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 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.
18. TERMINATION FOR DEFAULT,
18.1 Contractor shall be considered in material default of Me Agreement and such
default shall be considered cause for Owner to terminate Me Agreement, in whole or in
part, as further set forth in this Section, if Connector: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform Me Work as directed by the Project Manager or as provided for in Me
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to coned or replace such Work as may be rejected as
unacceptable or unsuitable; or (d) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
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of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than tan (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, miss or regulations with respect to the
Work, or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractors defaults). If Owner
determines that Contractor has not remedied and cured this defaults) within seven (1)
calendar days following receipt by Contractor of said written nofice or such longer
period of time as may be Pawned to by Owner in writing and in Its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy It may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
any of Contractors subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remetlies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, Including costs of collection, altomeys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages insured by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re -leWng the We*, and in
settlement, discharge or compromise of any claims, demands, suits, and judgment$
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and .-.
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n Contractors remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails b make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(it) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
admen notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's wriften
notice, Contractor may, upon fourteen (14) additional days' written notice to Oe Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not rebounded or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retamage withheld and reasonable termination expenses incurred but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on potions of the Work not performed.
19.2 Owner shall have the right to suspend all or any Pomona of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accomance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspenston exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
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Me Work (or designated portion thereof) to determine the status of completion. If ^
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after confering with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereol) 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 portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch -list.
20.2 Upon receipt of written certification by Contractor that the Work is crompleled in
accordance with Me Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, R
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Certificate for Payment, recommending that, on the basis of their
observations and inspections, and the Contractors 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. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment. ^
(2) The Release and Affidavit in the forth attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, 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 night to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
211 Contractor shall obtain and assign to Owner all express warranties given lc
Contractor or any subcontractors by any subcontractor or 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 ^
ea
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^ conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial 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. Further, in the event of an
emergency, Owner may commence to correct any defective Wodc, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at Me time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to ocr ect
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
^ employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over Me 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 Project
Manager the required ceNficates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection
fees and costs; to the extent such re- inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractors
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
-� promptness to respond to such notice. If any Work is covered contrary b written
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directions from Project Manager, such Work must, if requested by Project Manager, be ^
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed!
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or M the detective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal ( including, but not limited to fees and charges of engineers,
scullecLS, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that pardon of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, amhitecls, attorneys and
other professionals), and Owner shall be entitled to an appmpdate decrease In the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount andlor an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any potion of the Work is defective, or It Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any potion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
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^� shall be exercised, if at all, solely for Owners benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in Me Owners best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination W
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contact Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the detective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
acceptance with the Contact Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days will notice
to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contactor
from any or all of the Project site, take possession of all or any pad of the We*, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment all at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential Posts of Owner in
exercising such rights and remedies shall be chargetl against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall induce, but not be limited to, fees and charges of engineers,
architects, aftorl and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to sae that the finished Work
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complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resonant superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as rf given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without Cause.
Attached to the Agreement as Exhibit N is a list identifying Contractors Project
Superintendent and all of Contactors key personnel who are assigned to the Project;
such identifed personnel shall not be removed Without Owners prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractors work crews, or work crews of other parties authorized by the
Project Manager are engaged in any acliviN whatsoever associated with the Project.
Should the Contactor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from fire Contractors monthly pay estimate, sufficient
moneys to account for the Owners loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.5. for services not rendered.
25. PROTECTION OF WORK
25.1 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
any one for whom Contractor is legally liable for 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 moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contactor 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.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design
Professional's benchmarks, Contractor shall immediately notify Project Manager and
Design Professional. The Owner or Design Professional shell re- establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner associated
therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
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.-. instruction or authorization tram Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty -eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, ff Contractor believes that any significant changes
in the Work or variations from the Contrail Documents have been caused thereby. If
the Project Manager 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 Contactor 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. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identffied in and permitted by the Conrad Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
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28.1 Contactor shall be responsible for initialing, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protenion to
prevent damage, injury or loss to:
28.1.1 Ail employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contrast Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or low. Contractor shall fared and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contador's duties and
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responsibilities for the safely and protection of the Work shall continue until such time ^
as the Work is completed and final acceptance of same by Owner has occurred.
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.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accd enw. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees'), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following: ^
28.51 All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an Identification badge by
Contractor. Such identifcation badge must be prominently displayed on the outside of
the Employees clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
28.5.3 Contractor shall alldclly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior mitten consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owners property, and are strictly prohibited from using any of Owners
telephones or other once equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owners officials
onsite, as said regulations may be changed from time to time;
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^ 28.56 All Employees shall enter and leave Owner's faclikies only through
the ingress and egress points identified in me site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owners property . Friends, family members or other visitors of the Employees are not
permitted on Owners property; and
28.5.9 At all times, Contractor shall adhere to Owners safety and security
regulations, and shall comply with all security requirements at Owners facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre - construction
conference with the Furl Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among Me parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by Me Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre - construction conference) as may be directed by the Project
Manager,
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion /termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Righbof-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Undo" Traffic Control Devices (MUTCD), where applicable on local
roadways and as Prescribed in the Flonda Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Polity, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on -line at colliergov.net/purchasing.
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The Oontractorwill be responsible for obtaining copies of all required manuals, MUTCD, ^
FOOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ( "MOP) policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page.
If MOT is required MOT Is to be provided within ten (10) days of receipt of Notice of
Award
32. SALES TAX SAMINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or potions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ('Direct Purchase'). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, stoning, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary , Contractor
expressly acknowledges and agrees Nat all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terns of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Flonda Statutes, and for its responsibilities for Federal
excise taxes.
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^ 33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severabilily, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owners best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
^ requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
333 In addition to those Subcontractors identified in Contractors bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self - performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor lisp so that it remains
current and accurate throughout Me entire performance of the Work.
33A Contractor shall not enter into a subcontract or purchase order wit any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of Me license for every Subcontractor and sub - subcontractor performing any
portion of the W oB, as well as maintain a IN of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owners approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to Me same extent Contractor is bound to Owner by the terns of the
^ Contract Documents, as those terms may apply to Me portion of Me Work to be
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10/25/2011 Item 16.C.3.
performed by the Subcontractor, (2) provide for the assignment of the subcontract or ^
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnifietl party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurence policies required to be Provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make melee of such Documents available to its sub - subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on -site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electoral and
roofing) included in its subcontract or purchase order. In addition, the Submntraclor
shall assign and name a qualified employee for Scheduling direction for its portion of 0e
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall Include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractors exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in Oe contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and prof(.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing censlitule its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub - subcontracts and purchase orders.
33.64 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and Nat
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10/25/2011 Item 16.C.3.
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
Subcontracts and Purchase Orders
34.1.2
Subcontractor Licenses
34.1.3
Shop Drawing Submittal /Approval Logs
34.14
Equipment Purchase /Delivery Logs
34.1 .5
Contact Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34.1.8
Labor Costs
34.1.9
Material Costs
34.1.10
Equipment Costs
34.1.11
Cost Proposal Request
34.1 12
Payment Request Records
34.1.13
Meeting Minutes
34.1.14
Cost - Estimates
34.1.15
Bulletin Quotations
34.1.16
Lab Test Reports
34.1.17
Insurance Certificates and Bonds
34.118
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
341.21
Technical Standards
34.1.22
Design Handbooks
34.1.23
"AS- Built "Marked Prints
34.1.24
Operating & Maintenance Instruction
34.1.25
Daily Progress Reports
341.26
Monthly Progress Reports
34.19
Correspondence Files
34.1 .28
Transmittal Records
34.1.29
Inspection Reports
34.1.30
Punch Lists
MA 31
PMIS Schedule and Updates
34.1.32
Suspense(Ticklerj Files of Outstanding
Requirements
The Project flies and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
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34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required t provide a brief update
on the Project M the Collier County Board of County Commissioners. "Board ", up to two
(2) times per contract tem. Presentations shall be made in a property advertised Public
Meeting on a schedule to be determinetl by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet wit appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, Me following information: Original contract amount, project
schedule, project completion date and any changes to Me aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by Me Collier County Finalises Management Department for all
employees tat shall provide services to the County under this Agreement. This may
include, but not be Him hed to, checking federal, state and local law enforcement mcords,
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.
36. VENUE
Any suit or action brought by either party to his Agreement against the other party
totaling to or arising out of his Agreement must be brought in Me appropriate federal or
state counts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING
All projects with an estimated cast of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A'project shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at he discretion of the County.
38. ABOVEGROUNDIUNDERGROUND TANKS
An underground 62 -761, Florida Administrative Code (F A.C.) or aboveground 62 -062,
F.A.C. regulated tank requires notification to the 'County prior to installation or closure
of Me tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of Mesa miss.
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^ Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty -eight (45) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation /closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contraclorlproject manager. Specthas on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762,
FA. C. or you may contact the Pollution Control Department with your questions.
Please note Nat equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with miss, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owners projects who are neat, clean,
well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
40. 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
CONSULTANT with full decision- making authority and by OWNER'S staff person who
would make the presentation of any settlement reached during negotiations to OWNER
for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of Nis 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
CONSULTANT with full decision- making authority and by OWNER'S staff person who
would make the presentation of any settlement reached at mediation to OWNER'S
board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring medial under Section
44.102, Fla. Scat.
Any suit or action brought by either party to Nis Agreement against Me 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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101252011 Item 16.C.3.
EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS I
1. The Nonce to Proceed will be issued only after the following documentation has
been submitted to Owner:
a. Complete contractual documents, including payment and performance
bonds and insurance bounteous;
b. Progress schedule, which shall utilize the Critical Path method of
scheduling and Microsoft Project;
a Submittal schedule;
d. Draw (funding) Schedule, which shall consist of a monthly projection of
the value of the work to be completed and materials stored for the entire
duration of the Project ;
e. Safety Program /Risk Management Program;
f Quality Assurance /Quality Control Program; and
g. Security Plan
2. The CPM Schedule and Draw Schedule shall be updated monthly and
submifted with each Contractor Application for Payment. If both items are not
submitted with Application for Payment, that payment will be withheld until
both items are received and accepted by the Owner and Engineer.
3. All engineering site plans and drawings referencing a specfic geographic area
must be submitted in an AutoCad 14 or later formal drawn in the Florida State
Plane East (US Feat) Coordinate System. The drawings should either
reference specific established Survey monumentation, such as Certified
Section Comers (Half or Quarter Sections are also acceptable), or be caused
from the RTK(ReaI -Time Klnemale) GPS Netwoi* as provided by the Collier County
Transportation Division.
4. The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and /or services purchased as a part of this contract.
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10/25/2011 Item 16.C.3.
EXHIBIT J: TECHNICAL SPECIFICATIONS
Supporting documents found at: http: / /bid.colliergov.net/bid/
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10125/2011 Item 16.C.3.
EXHIBIT K: PERMITS
Supporting documents found at: http: / /bid.colliergov.net/bid/
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10/25/2011 Item 16.C.3.
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http: / /bid.colliergov.net/bid/
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101252011 Item 16.C.3.
EXHISITM: PLANS AND SPECIFICATIONS ^
Supporting documents found at: http:/ /bid.coIIiergov.nef/bid/
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10/25/2011 Item 16.0.1
.-. EXHIBIT N, CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
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