Agenda 10/25/2011 Item #16D 9n
1012M011 Item 15.D.9.
$nY'Iaial YYa \I i
Raammevdetion
to award Bid No.11376$ to Energy Raoorms, Inc Is the emnnnt of
$262,000 for the autonomy dredging Of Colter Bay entrance chaenm, approve memory
budget anmdment, mate a Bating that the activity Promotes reunion within Cagier
County. end authorize the Chairman to announce the dander l construct enter Comedy
Atmraey ePPrevaL
OBJECTIVE: To amad Bid No. 11 -5763 on Energy Resouuce% Inc. for the emergency
dredging OfCOIRer BaY enhanre channel infl a =a=of$262,000.
CONSIDERATION: Coder Bay on Merco brad is experm-ing ha urnme homing
cunthtiom wilt de accxtirn of approximately 10,000 CY's of beach compatible sand in the
mouth of im camases channel. APPandra sly one third of the Manor Island boating community
rominely scares Colter Bay using this charmed, ibis project wit restore safe navigation by
recrOving the shod Rat is creating a harmdons betting mndition. Beach umpmble and
dredged fan this Imation Ali be discharged in the vast shore tidal zone on the down drift
Milan" Batch beaches.
This emeace chained was dredged in 2001 using TI)C funds and the dredged sand was Placed
on FEdeaway Beech. The Rork levy was both m 2005 using TDC finds. County Ordinance
2001A3 aulborizes this activity as Per section 2, item D. Additionally the County Attorney's
Office has based an opinion in 2003 sued 2005 that MC funds can be MW fm the dredging of
C Riff Cr ifaf ngbmsdaM itpmmotestounian. These opinion ere mmched
An Emergency Resolution from the City of Marro Fsdad is matched supporting this dredging
activity. Additionally, in Parmesbip wRe Collie County, the Hideaway Beach Impmvemem
District duough the City of Maw Island is finding no ugineving and P,,,,R yng of this
Wgecl. AR Permits wRl bejoiWYissuedmbo th the City ofManeelshmdand Colter Coeoty.
On August 12, 2011, bids win Posted in the lobby of de Purchasing Departments with 200
vmdom being notificl and 78 bidders elerW malty downtodd Plane. On September 2, 2011, 9
bids wee received. Staffevalumed the bid moeivd ad detamimd thin Ahenative #1 allowing
a 75 day mnstwtion be accepted. Additionally, staff determined teal Energy Resources, Inc.
was the lowest, qualified and responsive bidder for both the 60 day end 75 day mvsmatim
schedules. Energy Bantams, Ie is also a local vendor. The bid tabolation is menched and the
proposal from Energy Resonances is earmarked as follows:
an Amanrc
1. l)acd &FNDem000CY's $6.000
2. Dredge &FRI(I.000 CY's with Al1#1 -75 day schedule) $0,000
$2
3. Surveying $2.000
6. V.000
Toter $262,000
Packet Pap -2118-
10/25/2011 Item 16.D.9.
^ Therefore, in consideration Of the lowest, qua] hied and responsive bidder seff recommends that
AItemative SI allowing for a 75 day construction schedule for Bid No. 11 -5763 be awarded to
Energy Resources, Inc in the amount of $262,000.
FISCAL IMPACT: The Source of funds is from Catgory "A° Tourist Development Tax fund
195. A budget amendment will be required moving $262,000 from Reserve for Contingency to
Pond this project (80202). Current Fund (195) Budgeted Reserve for Contingency total
$3,453,600.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this notion.
ADVISORY COMMITTEE RECOMMENDATION- Conceptual approval of this project
u gmoted by the CAC on April 14, 2011 by unanimous vole. Dnanlmoa5 conceptual approval
was also granted l the TDC on May 27, 2011.
On September 8, 2011 the CAC recommended approval of this item by a vote of 4 to 3. On
September 26, 2011, the TOG recommended issuance of this contract by unanimous vote (8-0)
and made a finding that this activity supports county tourism.
Staff is recommending approval of this request.
LEGAL CONSIDERATIONS, The BCC should make a finding that this project and
^ expenditure will mi tourism in Collier County. This item requires majority vote and is
legally sufficient for Board action. - CMG
RECOMMENDATION: Recommendation to award Bid NO 11 -5763 to Energy Resources, Inc
in the amount of $262,000 for the emergency dmAg]ng of Collier Bay entrance channel, approve
necessary budget amendment, make a finding that this activity promotes tourism within Collier
County, and authodzc the Chairman to execute the standard contract after County Attorney
approval.
PREPARED BY: Gary Mcuslpin,RE — COaaal Zone Management Director
Packet Page 2119
10125/2011 Item 16.D.9.
COLLIER COUNTY
Board of county Commissioners
Item Number: 16.0.9.
Item Summary: Recommendation to award Bid No 11- 5763 to Energy Resources, Inc in
the amount of $262,000 for the emergency dredging of Collier Bay entrance channel, approve
necessary budget amendment, make a finding that this activity promotes tourism within Collier
County, and Pulhorize the Chairman to execute the standard contract after County Attorney
approval.
Meeting Date: 10/25/2011
Prepared By
Name: HambrighlGail
Titic: AccurrivantuCocartal Zone Management
0/4120112:20.23 PM
Submitted by
Title: AcemnancCoccal Zone Management
Name HambrightGail
10,420112:2025 PM
Approved By
Name MCAlpinGary
Title :Director - Coastal Management Progmms,Coaaal Pen
Date: 10/4/2011 3:11'.34 PM
Name John onScon
Tire: Puremovig Agen0furchasing 4 General services
Date 10/420113 2833 PM
Fame. CamellSevc
Title '. Director - PUrohanng /General Serrvices,PUabaerrg
Date. 10/112011 1 19 4 0 PM
Name. Nelsonbna n
Title. Adminleuedve Assistant, SenlonPaoks & Recreation
Packet Page -2120-
Date: 10110 /2011 9:26'4] AM
Name: GreeneColleen
Title'. Assistant County Atlorney,Ctiunty A¢omey
Di 10/102011 2:47,21 PM
Name: Ramseyloli
Title: Administrator. Public Servloes
Di 10/I220113:52'. 18 PM
Name: GreeneCollcen
Title: Assisant County Auomey,Cmunty Ammne
Date: 10,132011 4:01:43 PM
Name'. KlatkNiA efT
Title County Attamey,
Date: 10,14201112 01 06P
Name FimEA
Date: 10 /182011 22251 PM
Name Dchslto
Title. County Manager
Date, 10/1820113:10'.15 PM
Packet Page -2121-
10/25/2011 Item 16.D.9.
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10/25/2011 Item 16.D.9.
RESOLUTION NO. 11 -05
A RESOLUTION OF THE CITY OF MARCO ISLAND, FLORIDA DECLARING
AN EMERGENCY FOR THE DREDGING OF THE ENTRANCE TO COLLIER
RAY, ALSO KNOWN AS COLLIER CREEK, TO RESTORE SAFE
NAVIGATION MTTHIN THE CHANNEL, IN THE CITY OF MARCO ISLANTI,
FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the enttm¢e to Collier Bay, also known as Collier Crack, within the City of
Mmco Island, is located in Sections 5, 6 and J, Township 52 South, Runge 26 East, Collier
Comity, Florida; and
WHEREAS, the City of Mateo Island Waterways Advisory Committee, at its meeting of
Mach 24, 2011, reviewed Ne current status of the channel cntraoce and threatened that an
emergency situation comma due to the excessive deposition of sand into the previously dredged
area; and
WHEREAS, pureuanl to the recommendation of the Waterways Advisory Committee the
Marna Island City Council finds that the axis bas experienoed severe limitations to safe
navigation and increased scouring velocities along the adjacent waterfront infraatmeNme, and
agrees that emergency dredging oflhechammul is necm ary, and
WHEREAS, the area of the City's entrance to Collier Bay, also known as Collier Creek,
has experienced severe limitation to safe boating navigation and increased scouring velocities
along the adjacent eetafrom ivfraswcmre as a result of sigromom a deposits of sand within the
internal; and
WHEREAS, the City is working funny with the Collier County Coastal Zone
Management (CZM) department to soak Florida Deparunent of Environmental PromdiodCotp
of Emmusart (FDEP/COE) Permits for emergency Hedging of the entrance to Collier Bay,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Memo
Island, Florida, that:
SECTION 1. 'fhe emergency dredging of the entrance to Collier Day is a viable
temporary solution to the croslon, and the City, with support team me CZM, is mating en
application to FDBE'COE for an emergency permit approval to dredge the channel as described
above.
SECTION 2. MEPICOE is requested to expedite permitting and approval for the
instiounicy dredging, as 1711 did for a rock revetrnwt abutting the roadway Royal Marco
Way, and for the CZM to support a request for Tourist Development funds from the Collier
County Board of Commissmners to finance the emergency dredging project.
SECTION 3. The City Cowell of the City of Mary Island declares an enrergency
and dirmts and Inthod¢es the City Manager or his designee to support and assist this CZM is
Packet Page -2123-
10/25/2011 Item 16.D.9.
obtainang govemmrntal approvals for the emergency dredging of tae eotmncc to Collier Day,
also Imovm as Collier Creek,
SECTION 5, EFFECTIVE DATE. This Itcsolotion wall rake effect immediately
upon its adoption.
DULY PASSED AND ADOPTED ea open and ngnlaf session by the City Of Mary
Island, Florida, this 4i° day of April 2011.
ATTEST CITYyO�E MARCO ISLAND% FLOW —DA
Laura M. litzm, City Clerl Gemrd M. Gibson, Chvrm
Packet Page 2124-
10/25/2011 Item 16.D.9.
OFFICE OF THE COUNTYATTORNEY
INTEROFFICE MEMORANDUM
TO: Members of the Coastal Advisory Committee
CC: David C. Weigel, County Attorney
FROM: Heidi P. Ashcan, Assistant Cowry Arterney NF(K
DATE: Octoha 11, 2005
RE: Use of Tourist Development Taxes b Dredge Nov.Eeacb Compatible Materiel
from County penes or Inlets
At yon mating on September 8, 20115, you asked whedter wants development taxes may
he usN m dredge non -beach compatible material from county passes or inlets. Suction
125.0104(5)(a)(4) provides, 7013fist development nixes may be used to "finance beach park
facilities or beach improvemcut, maintenance, renoanshmrn[, recmration and erosion control
irmluding shoreline pfotadon, enhancement, cleanup or festora ion of inland Isles and riven to
which there is public access as Nose Pass relate to the physical preservation of the beffih shoreline
or inland lake ormer."
Based on the above Impage, there is no limitation on dm use of tourist development nixes
fm the dredging of non -beach compatible sand. Section 161.142, Florida Snawer, referenced at
the meeting by communist tarnbem, is a declaration of public policy by the Ronda 1<gislarme. It
is-- emtaprohibinvtron the dredging of non beach compatible sand related to de use of tomist
development vexes.
Please feel free to amino me if you have any additional queshow.
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Packet Page 2125-
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10125/2011 Item 16.D.9.
r OFFICE OF THE COUNTYATTORNEY
J INTEROFFICE MEMORANDUM
TO:
Ron Hovell, Coastal Projects Manager, Public Utilities
CC:
David C. Weigel, County Attorney,
FROM:
/
Heidi F. Ashmn, Assistant County Attorney
DATE:
April 14, 2003
RE:.
Collier Creek Maintenance Dredging
RIS No. PUW03013105
In your Request for Legal Services, you asked whether maintenance dredging of
Collier Creek Is an eligible expenditure of Category "A" Tourist Developuml tax funks?
That project involves the dredging of $13,400 CY of sails in me Collier Creek channel just south of
Big Memo River 9 Royal Marto Point as depicted on the attached project location map. My
opinion is that be Board of County Commissioners is not prohibited from using Category "A"
funds to pay for maintenance dredging of Collier Creek.
Section 125.0104(5)(m4, Florida Simmer, provides Tourist Development lazes may be used
to "finance beach park facilities or beach improvement, maintenance, renourishment, resmrzpon,
and erosion control, including shoreline protozoon enhancement . cleanup or restoration of inland
lakes and rivers to which there is public access as those uses relate to be physical preservation of
the beach, shoreline of inland lake or river."
The funding of the concordance dredging is an eligible expenditure provided be public has
across to Collier Creek, the dredging relates to the physical preservation of the Mareo Island beach
or Collier Creek, and the BCC makes a finding Mat Collier Creak qualifies or functions as an inland
lake or river. Since be legislature did not define the tern "inland lakes or riven ", the Board may
make a finding of what reasonably constitutes an inland lake or river.
As with all TDC expenditures, the Board of County Commissioners must make a finding
that be dredging promotes monism.
The BCC should carefully consider its policymaking regarding Category 'A' fending. As
we know, be amount of projecu requesting funding has been on the increase. 1 encourage staff to
assist be BCC by providing be Board with the technical aspects and the puts and cons of each
proiect.
Please call roc if you have any additional questions.
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Collier Bay Entrance Channel Dredging
COLLIER COUNTY BID NO, 11 -5763
COLLIER COUNTY, FLORIDA
Design Professional:
Coastal Engineering Consultants, Inc.
i
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Packet Page -2129-
10/2512011 Item 16.D.9.
TABLE OF CONTENTS
PUBLIC NOTICE ...............
PART B - INSTRUCTIONS
CONSTRUCTION BID.......
10/25/2011 Item 16.D.9.
MATERIAL MANUFACTURERS ................................................................. .............................1T
PERMITS ....... ......... .............. ........................... ......................... ............................�.,
LIST OF MAJOR SUBCONTRACTORS— ........... ...... I ............ —
-18
STATEMENT OF EXPERIENCE OF BIDDER ............... - ...................................
......... --- ...... 19
TRENCHSAFETY ACT ............................................................................... .............................2D
PLANS AND SPECIFICATIONS ............................................. .............................95
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ............... .............................21
n
.._........ .... 41
IMMIGRATION LAW AFFIDAVIT CERTIFICATION .................................... .............................22
._....44
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9. ..... .................... .........................
23
BIDBOND ........ - ......................................................................................... .............................xi
PERMITS ....... ......... .............. ........................... ......................... ............................�.,
BIDDERSCHECK LIST .............................................................................. .............................29
EXHIBIT L:
CONSTRUCTION AGREEMENT ................................................................. .............................30
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................... .............................38
PLANS AND SPECIFICATIONS ............................................. .............................95
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ................. ........ .. ............ .............
n
.._........ .... 41
EXHIBIT B: INSURANCE REQUIREMENTS ........... .._................ ..... ...... ........_..............
._....44
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ......................................... .............................40
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ........ .............................49
EXHIBITE: CHANGE ORDER ............. .......................... - ......... .................. .............................
53
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................. .............................55
EXHIBIT G: FINAL PAYMENT CHECKLIST
EXHIBIT H: GENERAL TERMS AND CONIC
EXHIBIT I: SUPPLEMENTAL TERMS AND
EXHIBIT J: TECHNICAL SPECIFICATIONS
EXHIBIT K:
PERMITS ....... ......... .............. ........................... ......................... ............................�.,
EXHIBIT L:
STANDARD DETAILS ............................................................. .............................90
EXHIBIT M:
PLANS AND SPECIFICATIONS ............................................. .............................95
EXHIBIT W
CONTRACTORS KEY PERSONNEL ASSIGNED TO THE PROJECT.- .........
-.98
Packet Page -2130.
10/25/2011 Item 16.D.9.
nar:mvae,� SeMces nr'�,
Purtl�ati g
PUBLIC NOTICE
INVITATION TO BID
Collier Bay Entrance Channel Dredging
COUNTY BID NO. 11 -5763
Separate sealed bids for the construction of Collier Bay Entrance Channel Dredging,
addressed to Mr. Steve Camell, 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 2nd day of September, 2011, at which time all
bids will be publicly opened and read aloud. Any bids received after I time and date
specified will not be accepted and shall be returned unopened to the Bidder.
A non - mandatary pre -bid conference shall be held at the Purchasing Department,
Conference Room A, at 10:00 a.m. LOCAL TIME on the 19th day of August, 2011, at
which time all prospective Bitlders may have questions answered regarding Oe Bidding
Documents for this Project.
^ Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Collier Bay Entrance Channel Dredging Bid No. 11 -5763
and Bid Date of September 15, 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 poor to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E- Procurement website: www.colliergov net/tid.
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 certified or cashier's 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 forth attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in me General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
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10/25/2011 Item 1S.D.9.
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 Florida. Attorneys -in -fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to Palo" public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications 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 specified in
the Bidding Documents. Upon request, the Bidder shall submit such Information as
deemed necessary by the Owner to evaluate the Bidders qualifications.
The Successful Bidder shall be required to finally complete all Work within sixty (60)
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 12th day of August, 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BV: /s/ Stephen V Carnell C.P.M.
Purchasing and General Services Director
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10/25/2011 Item 16.D.9.
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner' used herein refers to the Board of County Commissioners, or
As duly authorized representative.
12 The term "Project Manager" used herein refers to the Owners duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly orthrough duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the protect. 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 specified 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 Bidtler" means the lowest, qualified, responsible and
responsive Bidder who is awarded the contract by the Boartl of County Commissioners,
on the basis of the Owners evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing be 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 furnishetl 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 be 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 irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bitl Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples,
FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be
OooelueLen$emms Ag®ement Rwsadenm
Parked Page -2133 -
10125/2011 Item 16.D.9.
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
3.1 No Bid shall be considered or accepted unless at the time of Bid fling the same
shall be accompanied by a cashier's check, a cash bond posted with the County Clerk,
a certified check payable to Owner on come bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less Man 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 Certificates 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 the
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, r.
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 twenty (120) day period without
selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred
Wanly (120) days from opening, unless otherwise agreed by the Purchasing Director
and the Successful Bidder.
3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form
attached and deliver same to Owner within the time period 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.
eonnvamnsemv,sol et ae+ieedenm
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10/25/2011 Item 16.D.9.
Section S. Seminar of Bids
5.1 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.
5.2 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 officer of corporation or general
partner of partnership, a property notarized power of attorney must be submitted with
the Bid,
5.5 All Bids shall have names typed or printed below all signatures
5.6 All Bitls shall state the Bidder's contractor license number.
57 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
r1
Section 6. Withdrawal of Bids
Any Bid may be withtlrawn 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, properly
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 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section B. Interpretation of Contract Documents
8.1 No interpretation of the 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 waling, addressed to the Purchasing Department at the County's On Line
Bidding System at hfp: / /bid.colliergov.neYbid /, to be given consideration. All such
requests for interpretations or clarification must be received at least ten (10) calendar
days prior to the Bid opening sate. Any and all such interpretations and supplemental
instructions shall be in the form of written addendum which, h issued, shall be issued on
i-. the County 's On Line Bidding System at hfp: / /bid.miliergov.neUbidi no later than three
GbrvgrvWOn SNincnq�eemo,2aamxt aYnl
Packet page -2135-
10/25/2011 Item 16.D.9.
(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 part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
83 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 with local conditions that may in any manner
affect performance of the Work;
C, Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
J, Correlated all of its observations with the requirements of the Bidding Documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or ^
difficulties 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 pad 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.
9.2 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 me terms of the Bidding
Documents. This provision shall be subject b Section 23 of the General Conditions to
the Agreement.
Section 10. Material Requirements
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 If such materials are not specifically named by Bidder.
Conwowan Rrvire: A9mamra2 Re,�we w11 1
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10/25/2011 Item 16.D.9.
^ Section 11. Bid Quantities
111 Quantifies given in the Bid Schedule, while estimated tram 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 total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because it conditions make it necessary or prudent to revise the
unit quantities, the unit prices 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 prices) where the actual quantity varies by more than rtventy-five percent (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 submitted 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 award.
^ Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspdd(s) or provisions) of the
bid invitation (including the form of the bid documents or bid procedures) shall fie 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 awarded
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 delivered 0 the intended awarded or mailed to awarded 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 pretest 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 that the recommended award is posted. Upon fling of said
w„ :wam�xri�ne�.em..�w..w wmr
Packet Page -213)-
10/25/2011 Item 16.13.9.
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at hi 'llwww II' tll d o =762.
12.4 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 printing and distributed
of such copies.
12.6 Certificate of A thorit to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, films submitting a response to this solicitation shall
be required to provide a cenifcate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www su biz oralsearch.htmll. 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 certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
12.7 Local Vendor Preference: The Collier County Board of County Commissioners
has adopted a Local Preference "Right to Match' policy to enhance the opportunities of
local businesses to receive awards of Collier County 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 verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business wihin Collier or Lee County. Vendors shall aff`m 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 price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten ^
percent (10 %) of the price submitted by the non -local business, then the local business
mnntirn" "samm.4"."t wr "e v1111
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10/25/2011 Item 16.D.9.
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity
to submit, an offer to match the prices) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first vanity if the lowest non -local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 28].08] F.S.
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 thos ), then award will be made to the lowest overall qualified and responsive
bitlder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S.
and the lowest non -local bidder does, award will be made to the bidder that meats 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 Affidavit with their bid response will
produce 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(1)year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
clarification to assure full understanding of, and responsiveness to solicitation
requirements.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may uflize 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 Ad ", Collier County will pay for all Collier County permits and fees
.-. applicable to the Project, Including license fees, permit fees, Impact fees or inspection
Packet Page 2139
10/25/2011 Item 16.D.9.
fees applicable to this Work through an Internal budget transfer(s). Hence, bidders shall
not include these permitll 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 identfied 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 "qualified' as barred 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."
152 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.
153 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submiding 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 Bidder
shall identify the subcontractor(s) 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 priorwnften approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, Ivan, fee, service or other item of value to any County employee, as set forth In
Chapter 112, Part III, Terms Statutes, Collier County Ethics Ordinance No. 2004 -05,
and County Administrative Procedure 5311. Violation of this provision may result in one
ce�ntiem�s.m�nerev.�am. vs.made.1111
Packet Page 2140-
10/2512011 Item 16.D.9.
or more of the following consequences: a. Prohibition by the individual, firm, and/or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and /or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual antllor film
for cause.
Section 17. Lobbying
All firms are hereby Placed on NOTICE that the Board of County Commissioners
does not wish to be lobbied either individually or collectively about a protect f
which a firm has submitted a response
Finns and their agents are not to contact members of the County Commission for such
purposes a meeting o dinners, etc, luncheons, dinne etc. During the process, from
solicitation closing to final Board approval, no firth 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 figs.
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 287133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placetl on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity', may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public enfity
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 19. Single 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 pad of a partnership or joint venture submitting as
primary may not then act as a sub - contractor to any other fine submitting under the
^ same ITB. If a legal entity is not submitting as a primary or as part of a partnership or
joint venture as a primary, that legal entity may act as a sub - contractor to any other firm
n
Packet Page 2141
10/25/2011 Item 16.D.9.
or fines submitting under the same ITB. All submittals in violation of this requirement will
be deemed non - responsive and rejected from further consideration.
ccxntieia a,mm Aeeemem. re.ueae,en
Packet Page 2142
10/25/2011 Item 16.D.9.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Collier Bay Entrance Channel Dredging
BID NO. 11.5763
Full Name of E
Main Business
Telephone No
State Contractor's License
Slate of Florida CeNfcate of Authority Document
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, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
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 utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
retained to in the Contract Documents in the 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
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.
PackM Page-2143
10/25/2011 Item 16.D.9.
BID SCHEDULE
Collier Bay Entrance Channel Dragging
Bid No. 11.5673
Please input prices at ww ecolliergov.net /bid
cnn:wnmneam�me"e"t Rerun rm1
Packet Page -214a-
10/2512011 Item 16.D.9.
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm 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 specification. 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 firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Company:
Signature'. Date:
Section 3(Exceptiion requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
I .
2.
3,
4.
5.
Please insert additional pages as necessary.
Company:
Signature '.
Date:
Cmowmun i nca. nom ae111d a,n„
Packet Page 2145.
10/25/2011 Item 16.D.g.
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 decadence outlined in the requirements of the Bid specifications.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein am - qualified' (as defined in Ordinance 87-25 and
Secfon 15 of Instructions to Bidders) and mewl all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, 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 Ne 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
Subcontmctors subsequently identified for any portion of work on this Project must be
qualified as noted above.
Major Category of Wont Subcontractor and Address
1.
Date:
Call Sawn. Ayi.emenr. Roo, god wln
Packet Page -2146-
10/25/2011 Item 16.D.9.
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is ajudge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Preset and Location Reference
Packet Page 2147 -
Date
TRENCH SAFETY ACT 10/25/2011 Item 16.D 9.
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 Safely Act (90 -96, Laws of Florida) effective October 1,
1990. The Bidder further idenGfes the cost to be summarized! below: ^
Trench Safety
Units of
Unit
Unit
Extended
Measure
Measure
(Quantity)
Cost
cost
(Description)
LFSV
TOTAL $
Failure to complete the above may result in the Bid being declared non - responsive.
Date:
Crnstmr�nnaemWs Aamem m
ent eaw�de2oi1
Packet Page -2148-
10/25/2011 Item 16.D.9.
(:o Courvy
an..maaresaa�ovam
^ maw
AFFIL FOR Quwlxc STATUS As A LOCAL BUSINESS
BID# 11.5673 (CHECK APPROPRIATE BOXES BELOW )
Btate of Florida (Salad County 9 Vendor Is described as a Local Business
❑ Collier County
❑ Lea County
Vendor aRrms Nat it Is a local business as def nod by the Purchasing Policy of the Collier County Boats of County
Commissioners and the Regulations Thereto. As defined in Section XI of me Collier County Purchasing Policy',
A "lowl busineae" is defined as a business that has a valid occupational license Issued by either Collier or Lee County
for minimum Of One( 1) year prior to a Color County bid or proposal submission that authorizes the business to
provide thec modifies as to be purchased, and a physical address located within the limits Of
Comer or Lea Countes fromswhlch he vendor operates or performs business. Pont Office Boxes are not vedoable and
shall not be used for the purpose of establishing said physical addreae. In anchor to the foregoing, a vendor shall not
beconsidered a rllocamus unless g contributes to the economic development and well Of either Collier or
Lee county in omeonle and m expansion urable way. This may include, but not be limited Ad the retention and expan n of
employment opportunities, the support and increase to either Collier or Lee County's tax base. and residency and
employees and principals of the business Wmm Confer or Lee County vendors she 11 affirm In wrumg their compliance
with the foregoing at the time of submit their bid or proposal to be eligible for consideration ass local business"
under this section.
Vendor must complete the following information;
Year Business Established in OCouier Counts or O Lee County:
Number of Employees (Including Owners) or Corporate Officers):
Number of Employees Living in ❑ Comer County or O Lee (Including (formerly) or Corporate Officers¢
If requested by the County, vendor will be requfiretl to provide documeni substantiating the Inform anon given in this
affidavit Failure to do so will result in vendor s submission being deemed not applicable.
Vendor Name; Data
Darter or Lee County Address'.
Title
STATE OF FLORIDA: ❑COLLIER COUNTY ❑LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for me above State and County, on this Day of
20 .
Notary Public
My Commission Expires'.
(AFFIX OFFICIAL SEAL)
Packet Page -2149-
10125/2011 Item 16. D.9.
er cowacy
museu �p
Immigration Law Affidavit Catlification
Solicitation at and miss 11 -5573 Collier Bay Entrance Channel Dredging
This Affidavit I5 required and should be signed, notarized by an authorized principal of Ne firm and submitted with
formal Invitations to Bid (ITS a) and Request for Proposals (RFP) submittals. Further, Vendors I Bidders are required to
enroll In the E- Verify program and provide acceptable evidence of their enrollment at the time of the submission of the
venooraNNtlera proposal. Acceptable evidence consists d a copy of the properly completed E -Verfy Company
Profile page or a Copy of the fully executed E- Verify Memorandum of Jusestanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment ' the burette y deem the Vendor)
Bidders proposal as
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers postponed a violation of me employment provision contained In 8 JC C Section 1324 a(e) Section 274N a)
of file Immigration and Nationality Act ('INX).
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of
the INA. Such Violation by the recipient of the Employment Provisions contained In Section 274A (e) of the INA shall
be grounds for unilateral termination of the contract by Collier County .
Vendor arrests that they are fully compliant with all applicable Immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E -Verfy and to provide proof of enrollment In The Employment Liability Venfcation System (EVanfy), operated by me
Department of Homeland Security In partnership with the Send Security Administration at the time of submission of the
Vendors/ Bidders proposal.
Company Name
Part Name
Signature
Title
State of
County of
The foregoing instrument was signed and acknowledged before me this day of
201 by (print or name) who has produced
(type of identification and number) as demarcation
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number /Expiration
The all of this Affidavit guarantees as evidenced by the swam affidavit required herein, the moth and accuracy of
this affidavit to interrogatories hereinafter made.
Connmdmn prince, Apermene. ae.oee 61112011
Packet Page -2150-
10/25/2011 Item 16.D.9.
9
ries, anNrebeea sauna„ sort
aWg
CoLUea Counm SOLIiCiinnona SuesnrviE W —9
Request for Taxpayer IdentRicatlon Number and Certification
n
In accordance with the Internal Revenue Service regulations, Collier County Is required to collect the following
information ter tax reporting purposes from Md'deitluals and companies who do business with the County (including
hadial security numbers if used by the individual or company for tax reporting purposes). Florida statute
1 19g require that the county notify you In writing of the reason for deluding this information, which wall be
used for no other purpose than herein stated Please complete all information that applies to gout business and
return with your quote or proposal.
1. General Information (pounds all information)
Taxpayer Name
(aa March en moama tax amm)
Business Name
(NOXhrant from taxpayernemef
ncdreaa
state
Telephone
FAX
Cry
Zip
Email
ONerinformatlon
ah arena
Ramp l Payment Information
exists
CIN stu
FAX
zip
elty state Zip
FM
Enron
Email
2. Company Status (check only one)
_Individual 11 sole recanted _Corporaticn Pa veers
I Exempt dooali ncome mx¢xempr Mal _ Limltea patently company
under lnremal Revenue Service Pauallnes IRC
501(c)a) Fear the tax classification
(O =ogre amea Enm, c =eo ompon P- PaMadam
3 Taxpayer Identification Number for lax Mooning purposes only)
Federal Tax Identification Number (TIN)
(VIndorsarthodonothavearl bar whad topmeadawaspeadunly number rarto,nawrimthi
a. Sianand Date Form
Cempupon Vnaer Pe^elras O tax rv. l canar Mal themhrmanon shown on as Canis evoic to my knowlai
slgnawre Date
^ True rnnne Number
as
Packet Page '2151-
10/25/2011 Item 16.D.9.
Upon notification that 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 Certificates as required by the 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 the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
CertiFlcates and Bonds within the required time period In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantity. 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 Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within five (5) calendar days from the commencement date stipulated in the written Notice to
Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a
modified (later) commencement date. The undersigned further agrees to substantially complete
all work covered by this Bid within forty five (45) 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 final acceptance by the Owner within fifteen (15) 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 coned.
0,m mew w1,v1 Hare¢ aw of rvzon
Packet Page -2152-
10/25/2011 Item 16.D.g.
(a) Corporation
The Bidder is a corporation
organized and
existing
under the laws of the Stale of
which
operates
under
the legal name of
,
and the full names of its officers are
The is authorized to sign construction bids and
contracts for the company by action of its Board of Directors taken
, a cedifad copy of which is hereto attached (stoke out this
last sentence IT not applicable).
(b) Co-Partnershio
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) m ivlduel
The Bidder is an individual whose full name is and if
operating under trade name, said trade name is
4bmWdlon s z Fgnemcvr. r+evue4611
Packet Page -2153-
10/25/2011 Item 16.D.9.
Complete for information maintained in (a) Corporation, (b) Co- Partnership or (c) Individual from
previous page.
Ii l entity
BY:
Name of Bidder (Typed)
Signature
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of 2011,
by I as of
,a corporation, on behalf of the
corporation. He /she is personally known to me or has produced
as identification and did
(did not) take an oath.
My Commission Expires'.
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
Packet Page -2154-
10/25/2011 Item 16.D.9.
^ 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 authorized 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 the 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
famishing all labor, materials, equipment and incidentals necessary to furnish, install,
and fully complete the Work on Me Project known as
Collier Bay Entrance Channel Dredging
Bid No. 11 -5673
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 the 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 Coni 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 the prosecution thereof or in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the 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.
1Y1
Countersigned
Packet Page -2155-
Principal
(Seal)
Surety
(Seal)
c"na:nim eemv. Mae em. Renee alcO r
Local Resident Producing Agent for
Packet Page -2156-
10/25/2011 Item 16.D.9.
C stmdon Servlcu AOMMemt Prime 6 /1¢011
10/25/2011 Item 16.D.9.
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER 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 reviewed.
3.
The price extensions and totals have been checketl.
4.
Any required drawings, descriptive literature, etc. have been included.
5.
Any delivery Information required is included.
6.
Local Vendor Preference Affidavit Completed
).
Immigration Affidavit completed and the company's E -Verify profile page or
memorandum of understanding
&
Certificate of Authority to Conduct Business In State of Florida
9.
Collier County Substitute W -9
10.
If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
Check has been induded.
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 be sealed and marked with
o*Bid Number; 11-5673
pProjed Name; Collier Bay Entrance Channel Dredging
a Opening Date. September 2, 2011
14, The Bid will be mailed or delivered in time to be received no latartban the specified
opening date and time, otherwise 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
Date:
Packet Page -2152-
C01 isamw Agroarret ai wvzon
10/25/2011 Item 16.D.9.
CONSTRUCTION AGREEMENT ^
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ( "Owner') hereby contracts with Energy Resources, Inc. ( "Contractor") of
Lee County, Florida, a Corporation, authorized to do business in the State of Florida, to
perform all work ( "Work ") in connection with Collier Bay Enhance Channel Dredging,
Bid No. 11 -5673 ( "Project"), as said Work is set forth in the Plans and Specifications
prepared by Coastal Engineering Consultants, 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 Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of fine 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 Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract ^
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.
Contractor 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 faidiful 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 Contractor the following amount (herein "Contract Amount'), in
accordance with the terms of this Agreement: Two hundred sixty -two Thousand Dollars
and no cents ($262,000.00)
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 Contract Amount, the costs of
which are to be paid by Contractor. The Performance and Payment Bonds shall be ^
underwritten by a surety authorized to do business in the State of Florida and otherwise
30
c"oaro, too semlras 4,, oor ao�,,a 6n2011
Packet Page -2158-
10/25/2011 Item 16.D.9.
^ acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Cer ificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at
www.fms.theas.00v /c570 /c570 html #cedffil 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 Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section S. Contract Time and Liquidated Damages
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 written 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
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 forty five (45) 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 utilize the Work (or designated portions
thereof) for the use for which it is intended. Contractor shall achieve Final Completion
within fifteen (15) 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 Owners damages, will be difficult, if 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, three hundred fifty five
dollars and ten cents ($355.10) for each calendar day thereafter until Substantial
^
Completion is achieved. Further, in the event Substantial Completion is reached, but
cn"a",n�" Ue MIAgrai R.rmkVeoii
Packet Page -2159
10/25/2011 Item 16.D.9.
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 the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of
Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to 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 omdtect 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 Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any pad 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.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirely all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the ^
terms of the Contract Documents.
CmS"Pwn sarqi..+ r, am. Rea.ec anon
Packet Page 2160.
10125/2011 Item 16.D.9.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owners 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 S. Exhibits Incorporated.
The fallowing Documents are expressly agreed to be incorporated by reference and
made a part of We Agreement,
Exhibit
Exhibit
Exhibit C
Exhibit
Exhibit E
Exhibit
Exhibit G
Exhibit H
Exhibit l:
Exhibit J:
Exhibit K'.
Exhibit L
Exhibit
Exhibit N'.
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details if applicable)
Plans and Specifications prepared by Coastal Engineerin5
Consultants, Inc.
and identified as follows: Collier Bay Entrance Channel Dredging
as shown on Plan Sheers 1 through 43.
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 V delivered by U.S. Mail, E -mail or
Facsimile, addressed to the following:
Clint Perryman
Collier County Coastal Zone Management Department
3299 Tamiami Trail East; Suite 103
Naples, FL 34112 -5746
Tel: 339125242A5
Fax: 2391252 -6531
Email: ClintonPerryman @colliergov.net
Packet Page 2161.
Cavwrem. s. 1nx1 Aeream=nr Rs„snd vl rx v
10/25/2011 Item 16.D.9.
B. All notices required or made pursuant 0 this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duty served it delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
Energy Resources, Inc.
Ann: Paul Reinhardt, President
16420 Old US 41
Fort Myers, FL 33912
Tel: 6361532 -9558
Fax: 6361532 -5611
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.
Section8. PUBLIC ENTITY CRIMES.
Si By its execution of this Contract, Construction Contractor acknowledges that It
has been informed by Owner of the terms of Section 28].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 crime may not
submit a bid on a contract to provide any goods or services to a
public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any
public entity 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 feL"
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 Assigns.
Subject to other provisions hereof, fire Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governing Law.
The Agreement shall be Interpreted under and its performance governed by the laws of
Me State of Florida.
Canryao" sa,"ia. w,• &M Re.rd urrson
Packet Page 2162-
10/25/2011 Item 16.D.9.
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 construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Agreement
Each of the parties hereto agrees and represents that me 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 execufion hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severabllity.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change order Authorization
The Protect Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement b 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 Pule
sometimes referred to as'fortics contra proferentum" (pursuant to which ambiguities 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 17. 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
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 Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
Packet Page 2163-
10/25/2011 Item 16.D.9.
Packet Page 2164
10/25/2011 Item 16.D.9.
^ IN WITNESS WHEREOF, the parties have executed this Agreement on me
dates) indicated below.
TWO WITNESSES
FIRST WITNESS By:
TypelPdnt Name
SECOND WITNESS
Type/Print Name
Date:
ATTEST:
Dwight Brock, Clerk
BY
Approved As To Form
and Legal Sufficiency:
Print Name:
Assistant County Attorney
CONTRACTOR:
46
TypelPdnt Name and Title
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
BY
Fred W. Coyle, Chairman
Packet Page -2165-
mvwne„ssrvmea APreame'n el'WAsV2011
10f25/2011 Item 16.D.9.
EXHIBITAI: PUBLIC PAYMENT BOND
Collier Bay Entrance Channel Dredging
Bond No.
Contract No. 11 -5763
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
(g ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the _ day of
2011, with Obligee for
In accordion ce with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida .-.
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond Is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255 05(2). In
no event will the Surety be liable in the aggregate to claimants for more than the penal
sum of this Payment Bond, regardless of the number of suits that may be filed by
claimants.
IN WITNESS WHEREOF, the above padres have executed this instrument this
day of 2011, the name of each party being affixed and these presents
duly signed by Its under-signed representative, pursuant to authority of its governing
body.
aa
wnswamn semces M,.ema ^�nemxn e,vzmi
Packet Page 2166-
Signed, sealed and delivered
in the presence of
PRINCIPAL
BY
Witnesses as to Principal NAN
ITS
10/25/2011 Item 16.l
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 _, by as of
a corporation, on behalf of the
corporation. He /she is personally known to me OR has produced as
Identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
Witnesses to Surety
Packet Page -216)-
(Printed Name)
(Business Address
(Authorized Signature)
(Printed Name)
if
10/25/2011 Item 16.D.9.
OR I
As Attorney in Fact
(Attach Power of Attorney)
(Printed Name)
(Business Address)
(Telephone Number)
STATE 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 :
woswnmo semaes p., a ^r w.,ma e1;2011
Packet Page -2168-
10/2512011 Item 16.D.9.
EXHIBIT A 2: PUBLIC PERFORMANCE BOND
Collier Bay Entrance Channel Dredging
Bond No.
Contract No. 11 -5763
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
is for he 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 d Principal:
1. Performs the Contract at the times and in Ne manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and altomeys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or he 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 he terms of the Contract or other work to
be performed hereunder, or the specifications referred to therein shall in anywise affect
its obligations under this bond, and it does hereby waive notice of any such changes,
extensions of time, alterations or additions to the terms of the Contract or to work or to
the specifications.
This instrument shall be constmed 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.
Packet Page -2169-
10125/2011 Item 16.D.9.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Band regardless of the number of suits that may be fled by
Obligee.
IN WITNESS WHEREOF, the above parties 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 acknowledgetl 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)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
m.. wmaa sere ®a neraaa ,d Revised aV2011
Packet Page 2170-
n
n
ATTEST:
Witnesses as to Surety
Witnesses
10/25/2011 Item 15.D.9.
SURETY:
(Printed Name)
(Business Address)
Authorized Signature)
(Protect Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
(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. He/She is personally known to me OR has produced
as identifcation and who did (did not) take an oath.
My Commission Expires
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No
coonrvcimn s.muz pgrea am ez,ssm eNZOn
Packet Page -21)1-
10/25/2011 Item 16.D.9.
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 asset forth In EXHIBIT B of this solicitation. The Vendor shall
procure and maintain property Insurance upon the entire protect if required, to the full insurable value of the
scope of work.
The County and the Vendor waive against each other and the County's separate Vendors. Contractors, Design
Consultant, Submntractors, agents and employees of each and all of them, all damages covered by property
insurance provided he rein, 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.
The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners In Collier County, OR Collier County Government OR Collier County.
The amounts and types of insurance coverage shall conform to the minimum requirements set forth In
EXHIBIT B wtlh the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If
Vendor has any sett - insured retentions or deductibles under any of the below listed minimum required
coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured
retentions or deductibles and spends satisfactory evidence of financial responsibility for such obligations. All
sett - insured retentions or deductibles will be Vendor's sole responsibility.
Covequi shall be maintained without Interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation,
whichever is longer.
The Vendor and /or Its insurance carrier shall provide thirty (30) days winner notice to the County of policy
collation or non - renewal on the partof tine insurance carrier or the Vendor. The Vendor shall also notify the
County , In a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancallation,
non - renewal or material change In coverage or limits received by Vendor from its Insurer and nothing
contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction In the
aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall Immediately take steps to have
the aggregate limit reinstated to the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coveragi required hereiry the County may
terminate the Agreement or at its sole discretion shall be authonzed to purchase such covered and charge
the Vendor for such coverageri purchased If Vendor fails to reimburse the County for such costs within thirty
(30) days after demand, the County has the night to offset these costs from any amount due Vendor untler 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 coveragi purchased or the Insurance .�
aoomrvNmn uri wl a9r,,Mi aemsea en¢mn
Packet Page 2172-
10125/2011 Item 16.D.9.
/company or companies used The decision of the County to purchase such Insurance coverageild 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 Certificate of Insurance expires prior to the completion of the scope of
work, the Vendor shall furnish to the County renewal or replacement Cedricate(s) of Insurance not later than
ten (10) calendar data after the expiration date on the certificate. Failure of the Vendor to provide the County
with such renewal conificate(s) shall be considered justification for the County to terminate any and all
contacts.
w
Packet Page -2ll3-
Comwulmaem eA9lemanf nv1ii0i On
10125/2011 Item 16.D.9.
Collier County Florida ^
Insurance and Bonding Requirements
Insurance l Bond Type
Required Limps
1. ®Workers
Statutory Limits of Florida Statutes, Chora 440 and all Ordeal Government
Compound on
Statutory Limits and Requirements
2. ® Employers Liability
$100o.000single limit per occurrence
1 ® Commercial Cenmal
Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current
$100a000 single limit per occurrence
ISO forth
a. ®lotlemndaauon
To the maximum extent permitted by Florida law, the
CommctorlVentlnr/Commultam shall indemnify and hold harmless Cooler
County, its officers and employees from any and all handful 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 Contractoreh ntlotlConsultant or anyone
employed or utilized by the ConVadorNenkruConsultant In the performance
of its Agreement. This indemnification obligation shall not he construed to
negate, abridge Or reduce any other strip or remedies which otherwise may
be available to an indemnified party or person descried In this paragraph.
This section doe not pertain to any incident arising from the sole negligence
of Collier County 6
6. ® Automobile Liability
$ 100` 000 Each Occurrence) Bodily Injury & Property Damage.
Ownedg Non- owned/Hired; Paren bile Included
5. ® Other msuxnize as
L] Watercraft S Per Occurrence
noted
® Unit States Longshoreman s and Harmon mrkars Ast coverage shall be
melnWined where applicable to do completion of the weed.
S 1 000,000 Per occurrence
❑ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the wore.
$ Per Occurrence
❑ Aircraft Liability beverage shall be carried In limits of not less than
$5.000,000 each occurrence if applicable to the completion of Me Services
under this Agreement
$ Per Occurrence
El Pollution $ Per Occurrence
❑ Professional Liability $ Per Occurrence
• $ 500.000 each claim and In the aggregate
$1 000 000 each claim and In the aggregate
• $2, 000,)00 each claim and In the aggregate
❑ Project Professional Liability l Per Occurrence
❑ Valuable Papers Insurance l Per Occurrence ^
emawab. fts"I" AgnemenL fou"d clams
Packet Page -21]4-
1 012 5/2 011 Item 16.D.9.
/ \a. El Bid bond Shall be submmea w or proposal respnnse in the form of ranged funds,
cashiers check or an irrevocable letter of credit a cash bona posted with the
County clad, or proposal bona in a sum equal Is 5% of the cost proposal. All
checks shall be made payable to the collier county Board of County
Commissioners on a bank or wst 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 e submmea with the
Payment Bonds cuted contract by Proposers receiving award, and written for 100%u of me
contract award amount, the cost bome by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwriden by a surety
sequenced to do business In the State of Florida and otherwise acceptable to
Owner provided, however, the surety shall be rated as'A - ^or better as to
general poGCy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of Me reported policy
holders surplus, all as reponetl in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street New Yore New
York 10038
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet The same Vendor shall provide County with crn-ificales of Insurance meeting the required
Insurance provisions.
9. ® Geller County must be named as" ADDITIONAL INSURED' an the Insurance Certificate for Commercial
General Liability where required.
^I0.® 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.
11.® Thirty (30) Gays Cancellation Notice required
Vendors 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 Plop Date
Vendor Signature
Print Name
Insurance Agency
Agent Name
Telephone Number
ConItrui tri rgreemem. Fused ii
Packet Page 2175
10/25/2011 Item 16.D.9.
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and 'm consideration of ff paid,
(Control releases and waives for itself and it's subcontractors,
material -men, successors and assigns, all claims demands, damages, Costs and expenses, whether in contract or In tort,
against me Board of County Commissioners of Collier County, Florida, relating In any way to the performance of the
Agreement between Contractor and Owner dated 2011 for the period tram
to excluding all retamage withheld and any pending claims or
disputes as expressly specified as follows;
(2) Com2emr remains for iself and its submntractom, material -men, s and assigns. that all charges for
labor materials, supplies, lands, rice and other expenses for which Owner might be sued or for whim alien or
demand against any payment bond might be Fuad, have been fully satisfied and paid
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner tram
all demands or suits, actions claims of liens or other charges fled or serted against the Owner ansing out of the
performance by Contractor of the Work Covered by this Release and Affidavit.
(4) This Release and Alldavl Is given In Connection with Contractor's (monmly/flnal) Application for Payment No
CONTRACTOR
BY
ITS
DATE:
Witnesses
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. Helshe is personally known to me or has produced
as identification and did (did net) take an oath.
My Commission Expires;
(Signature of Notary)
NAME.
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public Spite of
Commissioner No
Cannrvnlm servmaz Apixi Roo Bad ammo
Packet Page -21]6
10/25/2011 Item 16.D.9.
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No
(County Department)
Project No.
Collier County Board of County Commissiooars (the OWNER) or
Collier County Water Sewer Dealt (the OWNER)
Application Data
FROM (Contractors Representative)
Payment Application No.
(Contractor a Name) for Work
accomplished through Me Date:
(Contractors Address)
RE'.
(Project Name)
Original Contract Time
Original Contract Price :
5
Revised Contract Time:
Toter Change Orders to Date
s
Revised Contract Amount
5
Total value of We* Completed
Retainard Jtll% mrupnsert date) $
and stored to Date
$
Redin @_% ofl[Insert date]$ =
Less Retainage
$
Total Earned Less Retalnage
$
Less previous payment (a)
$
Percent Work completed to Data'. by
AMOUNT DUE THIS
Percent Contract Time completed to Date %
APPLICATION:
$
Liquidated Damages to be Accrued$
Remaining Contract Balance
$
�\ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTORSCERTIFICAMON. The undersign! CONTRACTOR tonllies that (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR'mcurred in connection with We* covered by poor Applications for Payment
numbered 1 through_ inclusive; (2) add to all materials and equipment incorporated In and Work or otherwise listed
in or erect by this Application for Payment will pass to OWNER at time of payment Tree and clear of all liens, claims.
security Interests and encumbrances (except such as covered by Bond acceptable to OWNER); (S) an amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment's now
due ; and (C) CONTRACTOR has only included amounts In this Application for Payment properly due and owing and
CONTRACTOR has not Included within Me above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner In wilting and In advance of such Work.
By CONTRACTOR'. (Contractor s Name)
(Signature) DATE.
M1 Il be signed (TypeName &Title)
(shall gned by a duly authorized represponsive of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION Is recommended
By Design Professional'. (OP's Name)
Signature) DATE'.
(Type Name B Title)
Payment M the CONTRACTOR for Me above AMOUNT DUE THIS APPLICATION Is approved
By OWNERS Project Manager (Signature) DATE.
I (Type Name and Title)
ConetrNov Sweri Agreement: aemaee a/1 do 1I
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10/2512011 Item 16.D.9.
Packet Page 218P
10/25/2011 Item 16.D.9.
TO: FROM: Collier County Government
Project Name: Construction Agreement Dated:
Bid No
Change Oder No Date:
Change Order Description
Original Agreement Amount _. _..._............ I .........................$
Sum of previous Change Orders Amount . ........................._.._._ $
This Change Oder Amount I I ._..._. ............_..$
Revised Agreement Amount ...................................... _..___. _.__ $
Original Contact Time in celendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time Is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
/\
Contractor's acceptance of this Change Order shall constitute a ns as modification to the Agreement
Agri will be peROnnetl subject to all the same terms and conditions as contained in the
Agreement, as if constitute were and final in this acceptance. The adjustments, P any, ctthe the
Agreement f, or mused Ito, a full antlest forth ant of any and all claims of pcanddl
arising out of, or related lo, the change set forth herein, including claims for Impact and delay
costs.
Prepared by. Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date.
Department Director
Approved by Date:
Division Administrator
Approved by. Date:
Purchasing Department
Packet Page 2181-
10/2512011 Item 16.D.9.
Director
(For use by Owner: Fund Cod Center Object Cade: Pmjed
Number.
Cllr ubn N,11 ,11t e11,11d eflcml
Packet Page -2182-
10/25/2011 Item 16.D.9.
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Coaf¢ala of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof'.
To
i\
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portanl Is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or ci the Wod for its intended use. The Work to which d is panel applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work Is hereby declared to be subsUnfially complete in accordance with the
requirements of the Cpntracl Documents on:
A tentative list of Items to be completed or corrected is attached hereto- This list may not be all included.
and the failure to include an item In it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance win the Contract Documents. The Items in the tentative list shall be completed
or correctetl by CONTRACTOR within days of the above date of Substantial Completion.
^ The responsibilities between OWNER and CONTRACTOR for security, operation, safely, maintenance,
beat utilities Insurance and warranties shall be as follows:
Eamwaon ow,m Aerrmat ma.um a ll
Packet Page -2183-
10125/2011 Item 16.D.9.
RESPONSIBILITIES'.
OWNER:
The following Documents are sparked to and made a part of this pentacle'
This certificate tices not comonnu a an acceptance of Work not In accordance won the Contract
Documents nor is it a release of CONTRACTOR 5 obligation to complete the Work In accordance with the
Contract Documents.
Exiii by Design Professional on 2011 ^
Design Professional
By
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
CONTRACTOR
By:
OWNER accepts this Ceni4wte of Substantial Completion on ,2011
0
Packet Page -2184-
G ... ta ns rnrx, Agreement. Reveal 31112o I
EXHIBIT G: FINAL PAYMENT CHECKLIST
No
10125/2011 Item 16.D.9.
The following Items have been secured by the
for the Pmject known as
and have been reviewed and found to comply wph the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount
Commencement Date:
Substantial Completion Time as set ood in the Agreement Calendar Days.
Acual Date of substantial Completion:
Final Completion Time as set forth In the Agreement'. Calendar Days.
Actual Final Completion Data
YES NO
1. All Punch List items completed on
2011
2.
communes and Guarantees assigned to Owner (attach to this form).
3.
Effective date of Channel one veer wananryfmm Contractor ls'.
4.
2 copies of Operation and Maintenance manuals for equipment and
/A
system submitted (list manuals m a�chmenl to The form).
5
As Built araMngs offered and dared:
6.
Owner personnel rained on system and equipment operation.
7.
Cediflcate of Occupancy No
issued on (attach to this form).
6.
Certificate of substantial Completion issued on
9-
Final Payment Application and Adel received from Contractor on:
m.
Consent of surely received on
it.
Operating Department personnel notated Pmject is in Operating phase.
12.
All Spare Palms or Special Tools provided to Owner'.
13
Finished Ftoor Elevation Cerlricate provided to Owner.
14.
Other'.
It any of the above is not
applicable,
indicate by N /A. If NO Is checked for any of the above, attach
explanation
Acknwledgments'.
By Contractor
(Company Name)
(Signature)
(Typed Name 6 Title)
By Design
Cori krona, carri Revicad &112011
Packet Page 2195
10/25/2011 Item 16.D.9.
Professional (Firm Name)
(Signature)
(Typed Name 8 Tire)
By ner_ (Department ame)
(sPnawre)
(Name a Title)
Cori aem,,, Aa,e i y aew�:aa cram'
Packet Page 2186
10/25/2011 Item 16.D.9.
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 themol) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the 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 the 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 b the Project Manager in writing and before proceeding with the Work affected
thereby 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 be 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,
fittings, 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 Contact Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itseff concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to life following.
those affecting transportation, access, disposal, handling and storage of materials',
Packet Page -2187 -
I W25/2011 Item 16.D.9.
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
the 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.
2.2 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 Utilities to determine the necessity for
relocating or temporarily interrupting any Unities during the construction of the Project.
Contractor shall schedule and coordinate Is Work around any such relocation or
temporary service interruption. Contractor shall be responsible for property shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other unity 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, hconditions
are encountered at the Project site which are (i) subsurface or otherwise concealed j1
physical conditions which differ materally from those indicated in the Contract
Documents or (ii) 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 the character provided for in the 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, if 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 Contractor's compensation or
time for performance, or both, for such We*. If Owner determines that the conditions at
the site are not materially different from those indicated in the 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 Contractor's receipt of Owners written determination notice. If Owner and
Contractor cannot agree on an adjustment to Contractors cost or time of performance,
the dispute resolution procedure set forth in the Contract Documents shall be complied
with by the parties.
Ga
OormWtllon Sena. 411111 aenam awzan
Packet Page -218&
10/2512011 Item 16.13.9.
3. SCHEDULE.
3.1 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 the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of fire
Work wihin the 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 updated 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 the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
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 ] 00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
poor approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Poor to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the 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 with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
0.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager fire list of its Subcontractors and malerialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with 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 than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner compact copies of the receipts evidencing the premium
paid by Contractor for the bonds.
Comlrvnlon Beni eAgreamenr ncaed f1.P11
Packet Page -2169-
10/25/2011 Item 16.D.9.
43 Contractor shall submit all Applications for Payment to Michael Poll, PE, Coastal
Engineering Consultants, Inc, jousted at 3106 S. Horseshoe Drive; Naples, FL 34104.
4.4 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole 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
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored 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 to 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 Record
attached hereto and made a part hereof as Exhibit D.
4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes 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,
staling In writing its reasons therefore; or (3) return the Application for Payment to the
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 accortlance
with Section 218735, F.S. and the administrative procedures established by the
Countys Purchasing Department and the Clerk of Counts Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make fire necessary corrections and re- submit the
Application for Payment. The Owner shall, 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 the amounts so approved.
4.6 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 to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative reemerge held throughout the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (80%) completion subject to the guidelines set forth in Florida Statute ^
255,078 and as set forth in the Owners Purchasing Policy.
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^ 47 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.8 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 Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's 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.
4.9 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 Contract Amount and Progress Schedule. Accordingly, prior to submiding
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 reflect approved adjustments to the
Contract Amount and Contract 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.
^
4.10 Notwithstanding anything in the Contract Documents to the contrary, 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 are due
and payable.
4.11 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices subm ifted 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 1achei
as untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this agreement.
S. PAYMENTS WITHHELD.
5.1 The Project Manager may dedine to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non - compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of
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(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable fling of such claims; (c) failure of Contactor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
Nat 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 prosecufion of the Work by the Contactor; 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 Contactor 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
218.735, F.S. and the administrative procedures established by the County's
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 accrual of
Contractors right to final payment, shall have furnished Owner with a properly 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 Contractors acceptance of final payment shall constitute a full waiver of any and
all claims by Contactor against Owner arising out of Nis 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 to time of final inspection.
]. SUBMITTALS AND SUBSTITUTIONS
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^ ].1 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.
12 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,
the 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 sufficient
information is submitted by Contractor to 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 Contactor 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 perform 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 Nat the evaluation and acceptance of the proposed substitute will not prejudice
Contactors 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 Ne Contract
Documents (or in the provisions of any other direct contact with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute 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 identified 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 costs 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 Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific 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 b the Project Manager, If Contractor submits sufficient information to allow
the Project Manager to determine dust the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
^ substitute materials and equipment.
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1.5 The Project Manager shall be allowed a reasonable time within which to evaluate �.
each proposed substitute and, if 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 Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Managers 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.
B. DAILY REPORTS,AS- BUILTS AND MEETINGS.
81 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, 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 Contractor's and Sub - Contractor's
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, description 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] 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
8.110 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to me Contract Documents.
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^ 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 the 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 reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and boded installations of piping, conduit
and utility services. All buried and concealed items, With 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, corrections 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 Contractors entitlement to final payment, these "AS- Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
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 date the Project is completed or such longer paned
^ 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 period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material -man, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecutor of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect including but not restricted to acts of Nature or of the
public enemy, ads of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48)
^ hours afierthe commencement of such delay, stating the cause or causes thereof, or be
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deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of 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.
9A 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 Work. Promptly after being notified of change, Contractor
shall submit an itemized estimate of any cost or fund increases or savings it foresees as ^
a result of the change. Except in an emergency endangering life or property, or as
expressly set form 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 stating such items. Owner will not be
responsible for the costs of any changes commenced without Owners express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (it) an admission by
Contractor that such hems are in fad not a change but rather are part of the Work
required of Contractor hereunder.
101 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 the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable or agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
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 Contactor ^
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disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the Increase shall be limited to the Contractors 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 ten 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 fatal maximum markup of fifteen
percent (15 %). All compensation due Contractor and any Subcontractor or
sub - subcontractor for field and home office overhead is included in the markups noted
above. Contractors and Sub - Contractors bond costs associated with any change order
shall be 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 Contractors claim with respect to Contractor's 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 Is 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.
10.7 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.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties 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
giving rise to such Claim or else the Contractor shall be deemed to have waived the
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Claim. Written 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.
113 The Contractor shall proceed diligently with Its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner In writing. 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 dher 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 offer work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notce of that fact to Owner and
Design Professional within forty -eight (48) hours of being notifi d of the offer work. If
the 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, M 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. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly 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 cut 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 Contractor 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 Contractor in said direct
contracts between Owner and such utility owners and other contractors.
123 If any part of Conlraolor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, tlefects or deficiencies in such
work that render 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.
13. INDEMNIFICATION AND INSURANCE. ^
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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, judgments, actions, proceedings, losses or rests,
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, property 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 be Contractor In the 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 ultimata liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 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 fully 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, be Contractor shall at all times comply with all of the terms,
si 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, roles, regulations and requirements applicable to the
Protect, 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 observes that the Contract Documents are
at variance therewith, it shall promptly notify Protect Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the 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 that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Omer 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
with the provisions of the Immigration Reform and Control Act of 1988 as located at 8
^ U.S.C. 1324, at seo, and regulations relating thereto, as either may be amended.
Genii Sei figi Revised R1 12011
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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- Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet -based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(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/ Bidders are required to enroll in the E -Verify program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor's /bidder s
proposal. Acceptable evidence consists of a copy of the properly completed E- Verify
Company Prof Is page or a copy of the fully executed E -Verify Memorandum of
Understanding for the company. Vendors are also required to provide the Collier
County Purchasing Department an executed affidavit certifying they shall comply with
the E -Verify Program. The affidavit Is attached to the solicitation documents. If the
Bidder/Vendor does not comply with Providing both the table E -Verif
evidence d the t d affidavit the bidder's I vendor's Proposal may be
deemed non - responsive.
Additionally, vendors shall require all subcontracted vendors to use the E- Verify system
for all purchases not covered under the 'Exceptions to the program' clause above.
For additional information regarding the Employment Eligibility Verification System (E
Verily) program visit the following website: run 11www dhs.pov /E- Verifv. It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations goveming
this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an
award shall be fully responsible for complying with the previsions of the Immigration
Reform and Control Act of 1986 as located at 8 U.S.C. 1324, at see. and regulations
relating thereto, as either may be amended and with the provisions contained within this
affidavit. Failure by the awarded firms) to comply with the laws referenced herein or
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^ the provisions of this affidavit shall constitute a breach of the award agreement and the
County shall have the discretion to unilaterally terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of opens, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all cards, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface Improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or allowed, 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 restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
161 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 Owner's consent, shall be void. If Contractor does, with
^ approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND T"ES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
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 the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
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part, as further set forth in this Section, M Contractor: (1) fails to begin the Work under
the Contract Documents wilhin the time specified herein; or (2) fails to property and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs fire Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) 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
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (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 Contact Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured Me default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented 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
entiped 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 Contractor's 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.
183 If Owner deems any of the foregoing remedies 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, attorneys' 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 incurred 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 to lading the Work, and in
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settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractors 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
Contractor's 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 to 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
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notes 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
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a added 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 written
notice, Contractor may upon fourteen (14) additional days' written notice to the 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 performed 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 terminated, together with any
retainage 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 portions of the Work not performed.
19.2 Owner shall have the fight to suspend all or any portions 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 accordance 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, d the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of Ne Work which is subject to the ordered
^ suspension.
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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
the 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 cantering 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 thereof) and Include a tentative punch -list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated 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 cedlfcation by Contractor that the Work Is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, If
they find the Work acceptable and fully performed under the Contract Documents shall
promptly issue a final Cedificate 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 Contractors Final Application for Payment.
(2) The Release and Affidavit in the form 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 right 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.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materlalmen supplying ^
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^ 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 qualhy, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after 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 Work, 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 the time of inspection and shall take remedial actions
to correct any deficiencies noted in me Inspection. Failure of the Contractor to correct
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.
221 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 the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the 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.
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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 Contractors
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 to written
directions from Project Manager, such Work must, I 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 overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (B) hour day and for any work performed
on Saturday, Sunday or holidays.
226 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractors 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 if the defective 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,
architects, 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 Pri Manager may require, that portion 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, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate 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 and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing ^
and reconstruction.
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^ 23.3 If any portion of the Work is defective, or B 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 portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
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 are opinion, it is in the Owner's bast interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, intlirect
and consequential costs attributable to the Owners evaluation of and determination to
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 Contract 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 defective 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
^ accordance with the Contract Documents, or if Contractor fails to comply with any of Ne
provisions of the Contract Documents, Owner may, after seven (7) days written notice
to Contractor, coned and remedy any such deficiency. Provided, however, Owner shall
not be required b give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, 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 stored 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 costs of Owner In
exercising such rights and remedies shall be charged 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 include, but not be limited to, fees and charges of engineers,
architects, attorneys 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
abominable to the exercise by Owner of Owner's rights and remedies hereunder.
^ 24. SUPERVISION AND SUPERINTENDENTS.
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10/25/2011 Item 16.D.9.
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 sea that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owners approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintentlent shall be employed by
the Contractor and be the Contractors representative at the Project site and shall have
authority to ad on behalf of Contractor. All communications given to the superintendent
shall be as binding as if 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 Ne Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified 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 contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Connector fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the 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
Sedion 5.8. 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 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger It.
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 shall re- establish the
benchmarks and Contractor shall be liable for all costs incurred by Owner assodated
therewith
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26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or Me
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from 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, if Contractor believes mat any significant changes
in the Work or variations from the Contract 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 Contractor fails
to provide the forty -eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contactor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified In and permitted by the Contract 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.
Contactor 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.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, 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 protection to
prevent damage, injury or loss to:
28.1.1 All 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
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, roles and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
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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. Contractor's duties and
responsibilities for the safety 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 Shod 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 accidents. 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 identification 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 strictly 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 written consent,
28.5 4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office 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
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1012512011 Item 16.D.9.
^ comply with the dress, conduct and facility regulations issued by Owners officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owners facilities only through
the ingress and egress points Identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.51 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;
28.58 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times. Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's 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 Project 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 the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the 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 prescnbed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Tmnsporfations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, Irl incorporated herein by
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10/25/2011 Item 16.D.9.
reference. Copies are available through Risk Management andlor Purchasing
Departments, and is available on -line at colliergov.neUpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ('MOT') policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
Me bid page.
If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. 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 bast eROrle 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 getup 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, adding, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractors warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms 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.
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10/25/2011 Item 16.D.9.
^ 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sales tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS.
33.1 Contractor shall review the design and shall determine how it desires to divide
Me 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 severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, commun ity 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 Owner's 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 Ordnance 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 .
33.3 In addition to those Subcontractors identified in Contractor's 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 list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter Into a subcontract or purchase order with 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 the license for every Subcontractor and sub - subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
^ purchase orders between Contractor and its Subcontractors shall be in writing and are
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10/25/2011 Item 16.D.9.
subject to Owner's 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 the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
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 indemnified party of the
subcontract or purchase order, (4) provide Nat Owner, Collier County Government, will
be an additional insured on all liability insurance 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
handful 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 copies 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 (a.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling directed for its portion of the
Won. The supervisory employees of the Subcontractor including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capachy 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 Subcontractor's 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 the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% foroverhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute 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 336 into their sub - subcontracts and purchase orders.
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10/2512011 Item 16.D.9.
^ 33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or addifional cast must be submitted to Contractor within the
time and in the manner in which Contractor must submit such daims to Owner, and that
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 Me Project site, originals or copies of,
on a current basis, all Project files
and records, including, but not limited to, the following
administrative records:
34AA
Subcontracts and Purchase Orders
34.1.2
Subcontractor Licenses
3413
Shop Drawing Submittal /Approval Logs
34.1.4
Equipment Purchase/Delivery Logs
34.1.5
Contract Drawings and Specifications with Addenda
34.1.6
Warranties and Guarantees
34.1.7
Cost Accounting Records
34A
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
34.1.18
Contract Changes
34.1.19
Permits
34.1.20
Material Purchase Delivery Logs
34121
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
34.1.26
Monthly Progress Reports
34.1.27
Correspondence Files
341.28
Transmittal Records
34.1 29
Inspection Reports
34.1.30
Punch Lists
34.1.31
PMIS Schedule and Updates
34.1.32
Suspense (Tickler) Files of Outstanding
Requirements
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10/25/2011 Item 16. D.9.
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
342 Contractor Presentations
Al the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners,' Boom ", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and formal Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued
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If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks by the Collier County Facilities Management Department for all
employees that shall provide services to the County under this Agreement. This may
include, but not be limited to, checking federal, state and local law enforcement records,
including a state and FBI fingerprint check, credit reports, education, residence and
employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four(4)years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost 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)
aerates. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND /UNDERGROUND TANKS.
An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62-762,
F.A.O. regulated tank requires notification to the 'County prior to installation or closure
of the tank. The Pollution Control Department (239- 252- 2592), via contract GC -690
or
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10125/2011 Item 16.D.9.
^ with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
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 (48) hour
notification prior to commencement. The Potentiation 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
contractor/pmlect manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that 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 rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's 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 this Agreement, the parties shall attempt to
resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be amended 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 after party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
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10/25/2011 Item 16.D.9.
slate courts In Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
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10/25/2011 Item 16.D.9.
'1 EXHIBIT[: SUPPLEMENTAL TERMS AND CONDITIONS
n
1. 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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Clv$tlllim Sam[ac agreement Rniee4 NV2Y11
10/26/2011 Item 16.D.9.
Supporting documents found at: http: / /bid.colliergov.neVbidl
com+N�w�sam�. wamemam. Read af2011
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r� EXHIBIT K: PERMITS
10125/2011 Item 16.D.9.
Supporting documents found at: http:ltbid.colliergov.net/bidt
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10/25/2011 Item 16.D.9.
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: hftp: /Ibid.colliergov.not/bid/
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10/25/2011 Item 16.D.9.
Supporting documents found at: http: / /bid.colliergov.not/bidi
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10/2512011 Item 16.D.9.
EXHIBIT N; CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
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