Agenda 09/15/2009 Item #16B22
Agenda Item No. 16822
September 15, 2009
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to award a work order, under contract 09-5197, to pave Shell Island
Road, to Better Roads, Inc. for $264,656.30 plus a ten percent contingency ($26,465.63) for
a total amount of $291,121.93. The funding will be one hundred percent (100%)
reimbursed by the Florida Department of Environmental Protection (FDEP).
OBJECTIVE: To pave Shell Island Road to control maintenance costs and receIve
reimbursement from FDEP.
CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP), through
its Office of Coastal and Aquatic Managed Areas, has $468,875.00 in available funding for the
paving of Shell Island Road. The project is located within Rookery Bay National Estuarine
Research Reserve and is funded by FDEP funds.
...-
Rookery Bay and Collier County have partnered in the past to perform a hydrologic restoration
project on Shell Island Road. The restoration project has been completed, and in an effort to
control maintenance costs, Rookery Bay has requested that Collier County assist them by project
managing the paving of Shell Island Road and requesting quotes from contractors. The Board of
County Commissioners approved entering into a contract with Rookery Bay to pave Shell Island
Road on July 28, 2009. The contract allows Collier County to serve as administrator of the
project with close coordination with the Office of Coastal and Aquatic Managed Areas. The
FDEP, through its Office of Coastal and Aquatic Managed Areas, has agreed to provide 100% of
the funding for this project. The contractor will be paid by Collier County and Collier County
will be reimbursed by FDEP.
The scope of work will include the following elements:
. Re-grading the existing road bed as necessary to prepare for paving;
. Prime coat immediately following preparation of roadbed;
. Paving 18' of roadway and 1 'shoulders on either side of roadway, with 2" of compacted
Class 1 - S 1 asphalt (paving must commence within 3 days of priming);
· Addition of 15 speed humps (1 every 1,000 ft) with appropriate signage and markings;
and
. Sodding 2' on each side of roadway with Seashore Paspalum.
Pursuant to the Annual Contract for Roadway Contractors (09-5197), on behalf of FDEP, a
request for quote was sent by the Collier County Purchasing Department staff to all four
contractors listed on the contract on AUf,'Ust 2], 2009. Quotes were due by 2:30 p.m. on August
27, 2009. The lowest, responsive contractor was Better Roads, Inc. with a project quote of
$264,656.30.
,-
Once approved, a work order in the amount $291,121.93 will be issued for the base bid and
contingency. The bid alternate was to be utilized only in the event that the cost of the bid
exceeded the budget amount.
Agenda Item No. 16822
September 15, 2009
Page 2 of 16
Contractors
Base Bids/Totals
Better Roads, Inc.
Bonness, Inc.
Quality Enterprises USA, Inc.
$264,656.30
$309,962.94
$360,893.41
The three (3) responsive quotes received ranged from $264,656.30 to $360,893.41. Bid costs are
noted on the attachment.
Staff has reviewed the bids received and recommends awarding the construction contract to
Better Roads, Inc. as the lowest, qualified and responsive bidder. Their quote was the lowest at a
cost of$264,656.30.
FISCAL IMPACT: Funding is available in the Stormwater Capital Improvement Fund, Fund
325, within the Lely Area Stormwater Improvement Pro!:,Tfam (Project No. 51101). The source
of funding is ad valorem taxes. Collier County will be reimbursed by FDEP for all funds
expended in association with this project.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office and is a legally sufficient, regular agenda item only requiring a majority vote
for approval-SRT
GROWTH MANAGEMENT lMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners (1) approve award of a
work order to Better Roads, Inc. for the paving of Shell Island Road for the total cost of
$291,121.93, including a ten percent (10%) contingency, and (2) authorize the chair to sign the
attached work order.
Prepared By: Brandy Otero, Operations Analyst, Stormwater Management Section
Attachments: (1) Quote Response Form; (2) Work Order; (3) Executed Contract between Collier
County and FDEP
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Agenda Item No. 16822
September 15, 2009
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16B22
Meeting Date:
Recommendation to award a work order, under contract 09-5197, to pave Shell Island Road,
to Better Roads, Inc, for $264,65630 plus a ten percent contingency ($26,465,63) for a total
amount of $291,121,93, The funding will be one hundred percent (100%) reimbursed by the
Florida Department of Environmental Protection (FDEP).
9/15/200990000 AM
Item Summary:
Prepared By
Brandy Otero Planning Tech Date
Transportation Services Transportation Planning 8/28/2009 1 :31 :33 PM
Approved By
Caroline Soto Administrative Assistant Date
Transportation Services Transportation Engineering and 8/28/2009 1 :46 PM
Construction
Approved By
Norm E. Feder, AICP Transportation Division Administrator Date
Transportation Services Transportation Services Admin. 8/28/20092:16 PM
Approved By
Gerald Kurtz Senior Engineer Date
Transportation Services Stormwater Management 81Z8/Z009 4:04 PM
Approved By
Therese Stanley Grants Coordinator Date
Transportation Transportation Administration 8131/20091:26 PM
Approved By
Scott R. Teach Assistant County Attorney Date
County Attorney County Attorney Office 8/31/20091:54 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/1/20093:29 PM
Approved By
Pat Lehnhard Executive Secretary Date
Transportation Services Transportation Services Admin 9/1/20094:09 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 9/2/200910:10 AM
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Agenda Item No. 16822
September 15, 2009
Page 4 of 16
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/3/2009 11 :19 AM
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/3/20097:39 PM
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Agenda Item No. 16822
September 15, 2009
F'age 5 of 16
WORK ORDERlPURCHASE ORDER #
Agreement for "Annual Contract for Roadway Contractors"
Dated: June 23, 2009 (RFP/Bid 09-5197)
This Work Order is for professional roadway contracting services for work known as:
Project Name: Shell Island Road Paving Project
Project No: 51101
The work is specified in the proposal dated August 27, 2009 which is attached hereto and made a part
of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above,
and in accordance with contract RM092 between Collier County and the Florida Department of
Environmental Protection. Work OrderIPurchase Order # is assigned to:
Better Roads, Inc. This work will be completed in conjunction with the Florida Department of
Environmental Protection (FDEP). FDEP will be reimbursing Collier County for any funds expended
in accordance with this work order.
Scope of Work: As detailed in the attached proposal and the following:
Task Description Quantity Unit Unit Cost Total
Task I Mobilization 1 LS $3,000.00 $3,000.00
Task II Roadbed Grading 40,000 SY .11 $4,400.00
Task III 2"compacted 33,333 SY $ 6.10 $203,331.30
Class 1, S 1 asphalt
Task IV Speed Humps 15 EA $1,600.00 $24,000.00
Task V Sod 6,650 SY $4.50 $29,925.00
Task VI Contingency (upon project manager approval only) $26,465.63
Schedule of Work: Complete work within 30 days from receipt of the Notice to Proceed which is
accompanying this Work Order.
Compensation: In accordance with Article Five of the Agreement, the County will compensate the
Firm in accordance with following methodes): DNegotiated Lump Sum ~Lump Sum Plus Unit
Costs DTime & Material (established hourly rate - Schedule A) DCost Plus Fixed Fee, (define
which method will be used for which tasks) as provided in the attached proposal.
TOTAL FEE
$
291,121.93
Agenda Item No. 16822
September 15, 2009
Page 6 of 16
Any change made subsequent to final department approval will be considered an additional service
and charged according to Schedule "A" of the original Contract Agreement.
PREPARED BY:
Brandy Otero, Operations Analyst
Date
APPROVED BY:
Gerald Kurtz, Principal Project Manager
Date
APPROVED BY:
John Vliet, Director
Date
APPROVED BY:
Norman Feder, Administrator
'Date
ACCEPTED BY: Better Roads. Inc.
(Company Name)
Signature of Authorized Company Officer
Date
Type or Print Name and Title
Attest
Dwight E. Brock, Clerk
Board of County Commissioners
Collier County, Florida
By:
By:
Donna Fiala, Chairman
A~:m=CienCY
Sco R. Teach, Deputy County Attorney
Agenda Item No. 16822
September 15, 2009
Page 7 of 16
Shell Island Road Paving
Item I Descrintion Quantltv I Unit Unit Price Total
I
1 , Mobilization 1 LS $3000.00 3,000.00
f---
Includes MOT, Bond, and survey as-built drawings
SUBTOTAL 1 $ 3,000.00
2 Roadbed Gradlna 40,000 SY $0.11 $ 4,400,00
SUBTOTAL 2 $ 4,400.00
3 2" compacted Class 1. S-1 asphalt 33,333 SY $6.10 $ 203,331.30
,Laid in place; includes priming
SUBTOTAL 3 $ 203,331.30
4 Speed Humps 15 Ea $1 600.00 $ 24,000.00
Include signage and marKing as per attached detail
SUBTOTAL 4 $ 24,000.00
5 Sod (Seashore Paspalum) 6,650 SY $4.50 $ 29,925.00
Laid in place
,
SUBTOTAL 5 I $ 29,925.00
L C
TOTAL BID 11thru 5) ! , $ 264,656.30
I i
Altemate 1
5 Sod IBahla) 6,650 T SY $ 1.35 $ 8,977.50
I
Notes I
1 )Owner may reduce the Quanmv of saeed humos installed, The ouanitv is show for bid pUlJ!oses, I
2)Owner may reduce the Quantitv of asohalt based on field conditions, - I
3)Quantities are based on roadway length of 15.000 ft, -
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Agenda Item No. 16822
September 15, 2009
Page 8 of 16
DEP Contract No. RM092
CONTRACT
THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter referred to as the "Department") and COLUER COUNTY BOARD OF COUNTY COMMISSIONERS,
a governmental entity, whose address is, 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as the "Contractor"), for the paving of Shell Island Road.
In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do
hereby agree as follows:
1. The Department does hereby retain the Contractor for the paving of Shell Island Road as
defined herein and the Contractor does hereby agree to perform such services upon the terms
and conditions set forth in this Contract, At!:achment A (Scope of Services), and all attachments
and exhibits named herein which are attached hereto and incorporated by reference. The
Contractor has been determined to be a vendor to the Department under this Contract.
2. The Contractor shall perform the services in a proper and satisfactory manner as determined by
the Department. Any and all equipment, products or materials necessary to perform this
Contract shall be supplied by the Contractor, unless otherwise specified herein.
3. The Contractor shall perform as an independent contractor and not as an agent, representative,
or employee of the Department.
4. This Contract shall begin upon execution by both parties and remain for a period of six (6)
months, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall
not be eligible for reimbursement for services rendered prior to the execution date of this
Contract. This Contract may be renewed for an additional term not to exceed the original
Contract period or three (3) years, whichever is longer. Renewal of this Contract shall be in
writing and subject to the same terms and conditions of this Contract. All renewals are
contingent upon satisfactory performance by the Contractor and the availability of funds.
5. A. As consideration for the services rendered by the Contractor under the terms of this
Contract, the Department shall pay the Contractor on a cost reimbursement basis up to a
maximum of $468,875.00 for the completion of the services outlined in Attachment A. If
the Contractor finds, after receipt of competitive bids, that the work described in
Attachment A cannot be accomplished for the funding provided in this Contract, the parties
hereto agree to modify the Scope of Services described in Attachment A to provide for the
work that can be accomplished for the funding identified above.
B. The Contractor shall submit one invoice upon project completion. All bills for amounts due
under this Contract shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. The final invoice must be submitted no later than thirty (30) days after
the completion date of the Contract in order to assure the availability of funding.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs
under a cost reimbursement agreement. In accordance with the Contract Payment
Requirements, (attached hereto and made a part hereof as Attachment B), the Contractor
DEP Contract No. RM092, Page 1 of 6
Agenda Item No. 16B22
September 15, 2009
Page 9 of 16
shall comply with the minimum requirements set forth therein. Invoices shall be
accompanied by supporting documentation and other requirements as follows:
L Salaries/Wages - The Contractor shall not be reimbursed for direct salaries or
multipliers (Le., fringe benefits, overhead, and/or general and administrative rates)
for Contractor's employees.
ii. Contractual (Subcontractors) - Reimbursement requests' for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the Contractor. Subcontracts which
involve payments for direct salaries shall clearly identify the personnel involved,
salary rate per hour, and hours/time spent on the project. All multipliers used (Le.
fringe benefits, overhead, and/or general and administrative rates) shall be
supported by audit. If the Department determines that multipliers charged by any
subcontractor exceeded the rates supported by audit, the Contractor shall be
required to reimburse such funds to the Department within thirty (30) days of
written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. Invoices for
reimbursement of fixed price subcontracts approved by the Department shall be
documented by copies of the paid invoices.
iii. Travel - Reimbursement for travel expenses and per diem are not authorized under
the terms of this Contract.
iv. EouiDment - (Capital outlay over $1,000 in value) - The purchase of non-
expendable equipment or personal property costing $1,000 or more is not
authorized under the terms of this Contract.
D. The Department reserves the right to amend this Contract to provide for additional
services, and to provide funding for the additional services, based upon the availability of
funding and receipt and approval by the Department of a budget and scope of work from
the Contractor. The Contractor shall not perform, nor be compensated for, any services
beyond the services described in Attachment A, unless and until this Contract is formally
amended to provide funding and a scope of work for additional services.
6. The State of Florida's performance and obligation to pay under this Contract is contingent upon
an annual appropriation by the Legislature.
7. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have
five (5) working days, unless otherwise specified herein, to inspect and approve the services for
payment; the Department must submit a request for payment to the Florida Department of
Financial Services within twenty (20) days; and the Department of Financial Services is qiven ten
(10) days to issue a warrant. Days are calculated from the latter date the invoice is received or
services received, inspected, and approved. Invoice payment requirements do not stai:t until a
proper and correct invoice has been received. Invoices which have to be returned to a
contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has
been established within the Florida Department of Financial Services who may be contacted if a
contractor is experiencing problems in obtaining timely payment(s) from a State of Florida
agency. The Vendor Ombudsman may be contacted at 850-413-5516.
8. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor,
interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a
warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct
invoice and receipt, inspection, and approval of the goods and services. Interest payments of
DEP Contract No. RM092, Page 2 of 6
Agenda Item No. 16822
September 15, 2009
Page 10 of 16
less than $1 will not be enforced unless a contractor requests payment. The interest rate
established pursuant to Section 55.03(1), Florida Statutes may be obtained by calling the
Department of Financial Services, Vendor Ombudsman at the telephone number provided above
or the Department's Procurement Section at 850-245-2361.
9. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
10. The Department may terminate this Contract at any time in the event of the failure of the
Contractor to fulfill any of its obligations under this Contract. Prior to termination, the
Department shall provide ten (10) calendar days written notice of its intent to terminate and
shall provide the Contractor an opportunity to consult with the Department regarding the
reason(s) for termination.
The parties hereto may terminate this Contract for convenience as evidenced by formal
amendment which clearly describes the basis for the termination. In the event that the Contract
is terminated for convenience, the Contractor shall be paid for work satisfactorily completed and
irrevocable commitments made.
Notice shall be sufficient if delivered personally or by certified mail to the address set forth in
paragraph 11.
11. Any and all notices shall be delivered to the parties at the following addresses:
Contractor
Department
Collier County Board of
County Commissioners
Road Maintenance Department, Stormwater
Attn: Gerald Kurtz
2885 S. Horseshoe Drive
Naples, Florida 34104
Rookery Bay National Estuarine
Research Reserve
Attn: Randy McCormick
300 Tower Road
Naples, Florida 34113
12. The Department's Contract Manager is Randy McCormick, phone 239-417-6310. The
Contractor's Contract Manager is Gerald Kurtz, phone 239-252-8192. All matters shall be
directed to the appropriate Contract Manager for action or disposition.
13. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to
allow public access to all documents, papers, letters, or other material made or received by the
Contractor in conjunction with this Contract, unless the records are exempt from Section 24(a)
of Article I of the State Constitution and Section 119.07(1), Florida Statutes.
14. The Contractor shall maintain books, records and documents directly pertinent to performance
under this Contract in accordance with generally accepted accounting principles consistently
applied. The Department, the State, or their authorized representatives shall have access to
such records for audit purposes during the term of this Contract and for five years following
Contract rompletion. In the event any work is subcontracted, the Contractor shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. RM092, Page 3 of 6
Agenda Item No, 16822
September 15, 2009
Page 11 of 16
15. The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this Contract and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for the Contractor any fee, commission, percentage,
gift or other consideration contingent upon or resulting from the award or making of this
Contract.
16. The Contractor covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
17. This Contract has been delivered in the State of Florida and shall be construed in acc:ordance
with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted
in such manner as to be effective and valid under applicable law, but if any provision of this
Contract shall be prohibited or invalid under applicable law, such provision shall be ineffl::ctive to
the extent of such prohibition or invalidity, without invalidating the remainder of such provision
or the remaining provisions of this Contract. Any action hereon or in connection herewith shall
be brought in Leon County, Florida.
18. No delay or failure to exercise any right, power or remedy accruing to either party upon breach
or default by either party under this Contract, shall impair any such right, power or remedy of
either party; nor shall such delay or failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required
to pay any taxes on the services or goods purchased under the terms of this Contract.
20. This Contract is neither intended nor shall it be construed to grant any rights, privileges or
interest in any third party without the mutual written agreement of the parties hereto.
21. A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability,
shall be excluded from participation in; be denied the proceeds or benefits of; or be
otherwise subjected to discrimination in performance of this Contract.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide goods or services to a public entity, may not submit
a bid on a contract with 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
award or perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on its website. Questions regarding
the discriminatory vendor list may be directed to the Florida Department of Management
Services, Office of Supplier Diversity at 850-487-0915.
22. This Contract is an exclusive contract for services and may not be assigned in whole or in part
without the written approval of the Department.
23. A.
The Contractor shall not subcontract, assign, or transfer any work under this Contract
without the prior written consent of the Department's Contract Manager. The Contractor
agrees to be responsible for the fulfillment of all work elements included in any
subcontract consented to by the Department and agrees to be responsible for the
payment of all monies due under any subcontract. It is understood and agreed by the
Contractor that the Department shall not be liable to any subcontractor for any expenses
DEP Contract No. RM092, Page 4 of 6
Agenda Item No, 16822
September 15, 2009
Page 12 of 16
or liabilities incurred under the subcontract and that the Contractor shall be solely liable
to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities afforded by this Contract
embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State of Florida. A list of Minority Owned firms that could
be offered subcontracting opportunities may be obtained by contacting the Office of
Supplier Diversity at 850-487-0915.
24. To the extent required by law, the Contractor will be self-insured against, or will secure and
maintain during the life of this Contract, Workers' Compensation Insurance for all of his
employees connected with the work of this project and, in case any work is subcontracted, the
Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance
for all of the latter's employees unless such employees are covered by the protection afforded by
the Contractor. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work
under this Contract is not protected under Workers' Compensation statutes, the Contractor shall
provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of his employees not otherwise protected.
25, The Contractor warrants and represents that it is self-funded for liability insurance, appropriate
and allowable under Florida law, and that such self-insurance offers protection applicable to the
Contractor's officers, employees, servants and agents while acting within the scope of their
employment with the Contractor.
26. The Department may at any time, by written order designated to be a change order, make any
change in the work within the general scope of this Contract (e.g., specifications, time, method
or manner of performance, requirements, etc.). All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change order which causes an increase
or decrease in the Contractor's cost or time shall require formal amendment to this Contract.
27. A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, F.5., for Category
Two, for a period of 36 months from the date of being placed on the convicted vendor list.
28. All tracings, plans, specifications, maps, computer files and or reports prepared or obtained under
this Contract, as well as data collected, together with summaries and charts derived therefrom,
shall be considered works made for hire and shall become the property of the Department upon
completion or termination of this Contract, without restriction or limitation on their use and shall be
made available, upon request, to the Department at any time during the performance of such
services and/or upon completion or termination of this Contract. The Contractor shall provide the
Department with all appropriate source code for use. Upon delivery to the Department of said
documents(s), the Department shall become the custodian thereof in accordance with Chapter
119, Florida Statutes.
DEP Contract No. RM092, Page 5 of 6
Agenda Item No. 16B22
September 15, 2009
Page 13 of 16
29. The Contractor shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department under this Contract. The Contractor acknowledges
that this requirement includes compliance with all applicable federal, state and local health
and safety rules and regulations. The Contractor further agrees to include this provision in all
subcontracts issued as a result of this Contract.
30. The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide e-procurement system. Pursuant to rule 60A-1.032(1),
Florida Administrative Code, this Contract shall be exempt from the one percent (1%)
transaction fee.
31. This Contract represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Contract shall only be valid when they
have been reduced to writing, duly signed by each of the parties hereto, and attached to the
original of this Contract, unless otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and
year last written below.
COLUER COUNTY BOARD OF
:~NTY7C d~
Title: Do nna F i a 1 a, eha i rman
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Date:~ 2'610q
By: ~l~
Director, Office of Coastal and Aquatic
Managed Areas or designee
.1jr 5Jc17
,
id.'~/i A Ilk ~~
RandyiltJCormick, DEP Contract Manager
Date:
Collier County Board of
County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
uJ,~
DEP Contracts Admin! tor
FEID No.: 59~6ao05~
'\'.. ._, '. f...
."
ATTES1 . ~
DWIGHT E.BROCIt CLERK
- ~
~ '
Approved as to form and legality:
BY:
Attest .. to ;.
1I~__";~/ex ibits included as part of this Contract:
-{\\~
DEP Att~mey
~~
Specify
Type
Letter/
Number
Description (include number of oaaes)
Attachment
Attachment
A
B
Scope of Services (2 Pages)
Contract Payment Requirements (1 Page)
REMAINDER OF PAGE INTENTlONALL Y LEFT BLANK
d:~
DEP Contract No. RM092, Page 6 of 6
Agenda Item No. 16822
September 15, 2009
Page 14 of 16
ATTACHMENT A
SCOPE OF SERVICES
Rookery Bay National Estuarine Research Reserve (Department) and Collier County (Contractor) have
agreed to pave Shell Island Road (hereinafter referred to as the Project).
The Project is located within Rookery Bay National Estuarine Research Reserve in Collier County and is
funded by the State of Florida. The Project is an approximately three-mile long limerock road that
provides vehicles access to the Department's field station, and related facilities, that support the
Department's mission at Rookery Bay.
Description of Project Work
The work will include the following elements:
. rebuilding and re-grading the existing road bed as necessary to prepare for paving;
. paving of roadway; and,
. the addition of traffic calming devices if funding is available.
The Contractor shall solicit bids for the roadway. The solicitation will include a bid alternate for traffic
calming devices. The bid alternate will be included in the work if funding allows.
The Department and Contractor will work together in a collaborative partnership to construct a paved
surface and traffic calming devices on the project in order to minimize ongoing environmental
degradation from storm water runoff of the existing road, to provide cost saving for the long term
maintenance of the project and to enhance public safety.
The Contractor has agreed to subcontract the actual construction work to be completed under the Project
and to perform all project management and administration of the Project.
Replacing materials shown on the construction plan with an equivalent one by the subcontractor will
require prior authorization in writing from the Collier County Contract Manager. In addition, a change in
supervisory personnel by the subcontractor shall require prior authorization from the Collier County
Contract Manager.
It shall be the subcontractor's responsibility to notify the Collier County Contract Manager, in writing, of
any construction problems or additional construction needs. The Collier County Contractor Manager shall
keep the Department Contract Manager up to date on all aspects of the Project.
Should additional costs be involved which are not covered within the Contract Specifications, a Unit Cost
shall be agreed upon, a Change Order to the Work Order completed by the Contractor and their
subcontractor prior to performing additional services. However, in no event shall any increase in cost
result in a total cost of services which exceeds the value of this Contract ($468,875).
The Contractor and their subcontractor shall communicate frequently and maintain a working schedule
after the Notice to Proceed has been issued. The written schedule is required to be kept current with
the progress of the work. Should the schedule be changed, it shall be immediately up-dated.
The subcontractor shall provide all materials, labor, equipment, mobilization/demobilization, any other
necessary effort, element and/or component(s) needed to complete the work in its entirety per plans and
at the Bid Price submitted.
DEP Contract No. RM092, Attachment A, Page 1 of 2
Agenda Item No. 16822
September 15. 2009
Page 15 of 16
On a twenty-four (24) hour basis, the subcontractor may be required to travel to the site immediately to
meet with the Contractor, law enforcement or emergency personnel to resolve an emergency. The
subcontractor shall respond to a telephone, beeper, or radio call within one (1) hour. There shalll be no
additional charge for these responses.
The disposal of all debris and construction litter must be at a proper landfill or disposal site. All disposal
fees, tipping or charges are to be included in the Bid Price submitted.
Maintenance of Traffic shall be the responsibility of the subcontractor and it is to be placed prior to
construction. Should the subcontractor not place and/or properly maintained the Maintenance of Traffic
(M.O.T.) the subcontractorls Project Manager will require the Project work to cease until the proper
M.O.T. has been placed and/or maintained.
The subcontractor shall comply with the requirements of Collier County's Maintenance of Traffic (M.O.T.)
Policy copies of which are available through the Risk Management or Purchasing Department. The
subcontractor shall obtain and review the Collier County M.O.T. Policy Requirements and shall comply
with these during construction.
This Project will require a Performance and/or Payment Bond by the subcontractor and it shall be
submitted to the Contractor Drior to commencement of any work.
Utility locates miill be conducted prior to commencement of work. Soft digging, pot holing and/or any
commonly approved method at the subcontractors discretion may be used to locate existing utilities.
Permitting
The Department shall be responsible for securing any required environmental permits for conducting
work on the project prior to the initiation of the work.
Project Administration
The Contractor will be responsible for the services to be performed by their subcontractor as well as to
serve as the Project Administrator. The following Project Administration services shall be performed by
the Contractor:
. The Contractor shall be responsible for bidding out the paving work outlined herein.
. The Contractor shall be responsible for providing construction project management for the
Project pursuant to the Department Permits.
. The Contractor shall fully administer the services set forth above as well as any additional
services which may become necessary as agreed to by the Department.
. This is a time sensitive project and the Contractor shall ensure that the Project is completed on
schedule.
. The ContractOr shall submit an itemized invoice to the Department for reimbursement upon
completion of the Project.
. This Project 'is scheduled to begin after the completion of the current SIR Restoration project
RM086 with Collier County, it is anticipated that the project will begin in mid-July, 2009 and be
completed by December 31, 2009.
DEP Contract No. RM092, Attachment AI Page 2 of 2
Agenda Item No. 16822
September 15, 2009
Page 16 of 16
ATTACHMENT B
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc,) Supporting documentation must be provided for each amount for
which reimbursement is being claimed indicating that the item has been paid. Check numbers may be
provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates
of service. Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll
register should show gross salary charges, fringe benefits, other deductions and
net pay. If an individual for whom reimbursement is being claimed is paid by the
hour, a document reflecting the hours worked times the rate of pay will be
acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on
behalf of the employee (e.g" insurance premiums paid). If the contract
specifically states that fringe benefits will be based on a specified percentage
rather than the actual cost of fringe benefits, then the calculation for the fringe
benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel
voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts, If nonexpendable
property is purchased using State funds, the contract should include a provision
for the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with Department of
Management Services Rule 60A-1017, Florida Administrative Code, regarding
the requirements for contracts which include services and that provide for the
contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged.
The rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005)
can be found at the fOllowing web address: http://www.fldfs.com/aadir/reference%5FQuide/.
DEP Contract No. RM092, Attachment B, Page 1 of 1