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Backup Documents 05/26/2015 Item #11B (Neubert Const) ORIGINAL DOCUMENTS CHECKLIST & ROUTING S ' ■ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT ';1 -- ' VE D 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU' JUN 412015., COUNTY ATTORNEY PINK ROUTING SLIP Risk Management Routed by Procurement Services to the Office Initials Date Following Addressee(s) (In routing order) 1. Risk Management Risk (, // zof 2. County Attorney Office County Attorney Office 5i/4 6�3 I> 3. BCC Office Board of County N by Commissioners -AA a tp I3l(5 4. Minutes and Records Clerk of Court's Office 6/3'(5 Z 3Spt. 5. Return to Procurement Services Procurement Services t Division Contact: Diana De Leon PRIMARY CONTACT INFORMATION Name of Primary Diana De Leon for Evelyn Colon Phone Number 252-8375 Procurement Staff May 29,2015 Contact and Date Agenda Date Item was May 26,2015 ✓ Agenda Item Number 11.B ✓ Approved by the BCC Type of Document Contract ✓ Number of Original 2 / Attached Documents Attached PO number or account N/A Solicitation/Contract 15-6442 Neubert number if document is Number/Company Construction to be recorded Name INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. . Applicable) 1. Does the document require the chairman's original signature? DD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD this routing slip should be provided to the County Attorney's Office before the item is input into SIRE. 8. The document was approved by the BCC on the date above and all changes made DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Gi Chairman's signature. 1 18 MEMORANDUM Date: June 4, 2015 To: Diana De Leon, Contracts Technician Administrative Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #15-6442: Concrete work for sidewalks, curbs, to make repairs and related services on an as needed basis Contractor: Neubert Construction Services, Inc. Attached please find an original copy of the contract referenced above, (Item #11B) approved by the Board of County Commissioners on Tuesday, May 26, 2015. The second original contract has been held by the Minutes and Records Department as part of the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment Detail by Entity Name Page 1 of 2 111 FLORIDA DEPARTMENT OF STATE 1,k143 DIVISION OF CORPORATIONS r Detail by Entity Name Florida Profit Corporation NEUBERT CONSTRUCTION SERVICES, INC. Filing Information Document Number P95000072268 FEI/EIN Number 650604970 Date Filed 09/18/1995 State FL Status ACTIVE Principal Address 2975 MCGREGOR BLVD FORT MYERS, FL 33901 Changed: 04/17/2012 Mailing Address 2975 MCGREGOR BLVD FORT MYERS, FL 33901 Changed: 04/17/2012 Registered Agent Name &Address NEUBERT, KAREN T 2975 MCGREGOR BLVD. FORT MYERS, FL 33901-6644 Officer/Director Detail Name &Address Title DP NEUBERT, KAREN T P.O. Box 2503 FORT MYERS, FL 33902-2503 Title DVP NEUBERT, ROBERT W P.O. Box 2503 FORT MYERS, FL 33902-2503 Title VP http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 5/29/2015 Detail by Entity Name Page 2 of 2 1 1. B Neubert, Tyler M. P.O. Box 2503 Fort Myers, FL 33902-2503 Annual Reports Report Year Filed Date 2013 04/13/2013 2014 04/29/2014 2015 04/28/2015 Document Images 04/28/2015 --ANNUAL REPORT View image in PDF format 04/29/2014 -- ANNUAL REPORT View image in PDF format 04/13/2013 -- ANNUAL REPORT View image in PDF format 04/17/2012 --ANNUAL REPORT View image in PDF format 04/06/2011 --ANNUAL REPORT View image in PDF format 04/26/2010 --ANNUAL REPORT View image in PDF format 09/02/2009 --ANNUAL REPORT View image in PDF format 05/08/2008 --ANNUAL REPORT View image in PDF format 04/26/2007 -- ANNUAL REPORT View image in PDF format 04/29/2006 --ANNUAL REPORT View image in PDF format 05/02/2005 --ANNUAL REPORT View image in PDF format 08/23/2004 --ANNUAL REPORT View image in PDF format 05/02/2003 --ANNUAL REPORT View image in PDF format 05/01/2002 --ANNUAL REPORT View image in PDF format 02/19/2001 --ANNUAL REPORT View image in PDF format 03/09/2000 -- ANNUAL REPORT View image in PDF format 04/29/1999 --ANNUAL REPORT View image in PDF format 03/18/1998 --ANNUAL REPORT View image in PDF format 08/22/1997 --ANNUAL REPORT View image in PDF format 04/08/1996 --ANNUAL REPORT View image in PDF format 09/18/1995 -- DOCUMENTS PRIOR TO 1997 View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 5/29/2015 118 AGREEMENT 15-6442 for Concrete:Sidewalks,Curbs,Floors and Other Applications THIS AGREEMENT is made and entered into this a(ith day of , 2015, by and between the Board of County Commissioners for Collier County, Florida, a politic I subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Neubert Construction Services, Inc., as Primary Contractor, authorized to do business in the State of Florida, whose business address is 2975 McGregor Boulevard, Fort Myers, Florida 33901 (hereinafter referred to as the "Contractor"). W IT N ESSET H: 1. COMMENCEMENT. The Contract shall be for a one (1) year period, commencing on June 11, 2015, and terminating one (1) year from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. This contract shall have three (3) additional, one year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Board of County Commissioners deemed three (3) firms to be qualified and awarded a Contract to each firm for services as identified in Exhibit A, Scope of Work, hereby attached and incorporated by reference. Each awardee will enter into a Contract to provide services for "Concrete: Sidewalks, Curbs, Floors and Other Applications" on an as- needed basis and as may be required by the Owner in accordance with the terms and conditions of ITB# 15-6442 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Contract. The execution of this Agreement shall not be a commitment to the Contractor that any Work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the procedure to obtain Work outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement during the term and any extension of the term of this Agreement. Although the primary user of this Contract is the Growth Management Department, any County Department may use this Contract provided sufficient funds are included in its budget. The process for obtaining services under this Contract is as follows: Prior to the start of each individual job or group of jobs, the user department shall provide a description of Work to be performed to the Primary Contractor. The Primary Contractor shall Page -1- 1113 have five (5) business days to respond that they are willing and able to complete the job(s) in the required time frame. The user department will then issue a Purchase Order for the work. If the Primary Contractor cannot provide requested services within the timeframe specified by the user department, then the Secondary Contractor will then be contacted. The Secondary Contractor shall have five (5) business days to respond that they are willing and able to complete the job in the required time frame. The user department will then issue a Purchase Order for the work. If the Secondary Contractor cannot provide requested services within the timeframe specified by the user department, then the Tertiary Contractor will then be contacted. The Tertiary Contractor shall have five (5) business days to respond that they are willing and able to complete the job in the required time frame. The user department will then issue a Purchase Order for the work. In each description of work, the Owner reserves the right to specify: the period of completion; collection of liquidated damages in the event of late completion; and time and materials or lump sum. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Work pursuant to the prices offered by the Contractor in his response to ITB# 15-6442 per Exhibit B, Price Schedule, attached herein and incorporated by reference and/or subsequent proposals. This Contract will be Purchase Order driven. 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Neubert Construction Services, Inc. 2975 McGregor Boulevard Fort Myers,Florida 33901 Phone: 239-332-8800 Email: ncsk neubertconstruction.com Attn:Tyler M. Neubert,Vice President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Page -2- 11L Collier County Government Complex Procurement Services Division 3327 East Tamiami Trail Naples,Florida 34112 Attention: Joanne Markiewicz Director,Procurement Services Division Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. 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. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Page -3- 11B A. Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Single Limit Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11 . INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County 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 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12. PAYMENTS WITNI-BD. Owner may decline to approve any invoice, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent Page -4- inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. 13. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 14. CHANGES IN T1-E WORK Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by Owner, and Owner shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 15. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 16. COMPLIANCE WITH LAWS. The Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements in F.S. § 119.0701(2) and (3)) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page -5- 11B (C) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 19. ORDER OFPRIMEEENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 20. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the_purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement -CD Page -6- 116 or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYS. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. 1ts1SAND INSPBCT1ONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. ENERGENCES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a written Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. Page -7- 1 113 25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Department. 26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB #15-6442 any addenda, etc, made or issued pursuant to this Agreement. 27. FROHBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 28. SUH.ETTOAPPROPRIAT)ON. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 29. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 30. IMMIGRATIONLAWCOMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 31. 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. 32. OFFER EXTENDED TO OTHER GOVERNMENTALENTITES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 33. AGREEIVENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -8- 1 1B 34. S3a1RITY. If required, Contractor 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. 35. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 36. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ********************************* Remainder of page intentionally left blank ******************************** 010 Page -9- 11B IN WITLESS VVI-REOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: . COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk,©f Courts By: I! �,p �t , A. By: / 444.4e.... R.. �` p ,, Tim Nance, Chairman Dated: ', ,(07- . 01. Attest as toy an s signature only. Neubert Construction Services, Inc. n Contractor (iahili ._ By: p ,i e. 9 First Witness Signature nature L tp eaestc[ LI, Kluszc Tyag- Ai NI W e el- Type/Print Witness Name Typed Signature Secs o ness Title `-s r—„,-- v'L Type/Print Witness Name pr ed as to rm and Legality: ii _ Assistant•County Attorney Item# �_l.J..�-- Agenda S UO_6 Date '�j Reced0`= t itGalAIA 1 flPf- Depu''KG a ;["A0 Page -10- Exhibit A—Scope of Work 1 18 Portland Cement Concrete — Class 1 Intent of Contract: The intent of the Contract is to provide for the construction and completion in every detail of the work described in the Contract. Contractor is responsible to furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Contract Documents. Prices quoted in this FBshall include all man hours, full restoration and Maintenance of Traffic (MOT) unless otherwise noted. Full restoration is defined as bring the disturbed area back to original or better conditions. Areas that are disturbed due to Contractor staging area will be restored by Contractor at no additional cost to the Department. Contractor must supply a list of all equipment on hand to perform standard concrete repairs and installation. Work not covered by Standard Specifications: Proposed construction and any contractual requirements not covered by these Standard Specifications may be covered by Contract plan notes or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications. Contractor will follow FDOT's Road and Bridge Specifications for Section 522 Concrete Sidewalk. The requirements of this Section are applicable to concrete designated as Class I (Nonstructural), hereinafter referred to as "concrete". Contractor will use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical admixtures, slag, or pozzolanic materials. Deliver concrete to the placement site in a freshly mixed, unhardened state. Measurement of concrete Square Yards are bid at unit price for six (6) inches of thickness, for thicknesses other than six inches a multiplier will be used to calculate the square yards. (e.g. eight inches thick would use a 1.33 multiplier so that one square yard eight inches thick would be equivalent to 1.33 square yards for payment purpose, four inches thick would use a 0.67 multiplier which one square yard four inches thick would be equivalent to .67 square yards for payment purposes, 12 inches thick would use a 2.0 multiplier so that one square yard 12 inches thick would be equivalent to 2.0 square yards for payment purposes, etc.) All sidewalk slabs shall have a minimum of six(6) inches in depth. General Certify that all materials used in concrete are from Department approved sources, and free from detrimental matter. Meet the following requirements of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting: (a) Portland Cement Section 921 (b) Fine Aggregate Section 902 (c) Coarse Aggregate Section 901 (d) Water Section 923 (e) Chemical Admixtures Section 924 (f) Pozzolans and Slag Section 929 Page -11- IIB Materials Meet the requirements specified in section 520-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting. Forms Provide forms as specified in section 520-3 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition, approved by Project Manager, and revisions thereto current at the time of contract letting. Excavation Excavation to the required depth, and compact the foundation material upon which these items are to be placed as specified in section 120-9 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. Contractor is responsible for removing all roots, vegetation, unauthorized piping and other structures and items located in the footprint of where the work is to take place at no additional cost to the using Department; all cost should be included with the unit price of pay item being used. Upon discovery of active piping in the footprint the contractor will be responsible for capping off piping that may cause washouts or other damage to the location at no additional cost to the department. Foundation Compact fill areas, including cut areas under the sidewalk that have been excavated more than six (6) inches below the bottom of sidewalk, to a minimum of 95% of AASHTO T 99 density. The area to be compacted is defined as that area directly under the sidewalk and 1 foot beyond each side of the sidewalk when right-of-way allows. Contractor is responsible for any limerock base/fill material that may be required under sidewalk to be removed and/or added, to keep consistent with the existing sidewalk elevation(s) at no additional cost to the using Department; all cost should be included with the unit price of pay item being used. Expansion Joints Form 1/2 inch expansion joints between the sidewalk and the curb or driveway or at fixed objects and sidewalk intersections with a preformed joint filler meeting the requirements specified in section 932- 1 .1 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting. Contraction Joints The Contractor may use open type or sawed contraction joints. Open-Type Joints Form open type contraction joints by staking a metal bulkhead in place and depositing the concrete on both sides. After the concrete has set sufficiently to preserve the width and shape of the joint, remove the bulkhead. After finishing the sidewalk over the joint, edge the slot with a tool having 1A inch radius. Sawed Joints IF electing to saw the contraction joints, cut a slot approximately 3/16 inch wide and not less than 1 1/2 inches deep with a concrete saw after the concrete has set, and within the following periods of time: Page -12- 1113 • 3/16 inch Saw cut joints, 11/2 inch deep at not more than 30 feet intervals within (12 hours) after finishing. • 3/16 inch Saw cut joints, 11/2 inch deep within (96 hours) after finishing, maximum 5 foot centers. Placing Concrete Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting. Finishing Screeding: Strike-off the concrete by means of a wood or metal screed, used perpendicular to the forms, to obtain the required grade and remove surplus water and laitance. Surface Requirements Provide the concrete with a broom finish. Ensure that the surface variations are not more than 1/4 inch under a 10 foot straightedge, or more than 1/8 inch on a 5 foot transverse section. Finish the edge of the sidewalk with an edging tool having a radius of 1/2 inch. Apply a tine finish by an approved hand method to curb cut ramps in lieu of a broom finish. Ensure that the tine finish consists of transverse grooves which are 0.03 to 0.12 inch in width and 0.10 to 0.15 inch in depth, spaced at approximately 1/2 inch center to center. Curing Cure the concrete as specified in section 520-8 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting. Admixture Requirements Chemical admixtures may be added at the dosage rates recommended by the manufacturer. Substitution of Materials Approved material sources may be substituted for similar materials indicated on the originally approved mix design. Use originally approved mix components and proportions, when unsatisfactory test results are obtained from the use of the substituted material(s). PRODUCTION, MIXING AND DELIVERY Concrete Production Requirements Deliver concrete from a production facility that is certified by the National Ready-Mixed Concrete Association (NRMCA) or approved by the District Materials Office and on the Department's approved plant list. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. Within two hours prior to each day's batching, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates. On concrete placements expected to exceed three hours, perform an additional moisture test approximately half way through the batching operations and adjust batch Proportions accordingly. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes. At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Page -13- 11B Agriculture. Have the accuracy of admixture measuring dispensers certified annually by the admixture supplier. Mixers Ensure that mixers are capable of combining the components of concrete into a thoroughly mixed and uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container. Delivery Do not exceed one hundred twenty (120) minutes elapsed time between the initial addition of water to the mix and depositing the concrete at the point of final placement, subject to the ability to place and consolidate the concrete in accordance with specification requirements. Make adjustments to mix consistency at the site of placement only before any concrete from the load is placed. Do not make adjustments which will cause the allowable slump or maximum specified water cementitious ratio to be exceeded. CONTROL OF QUALITY Concrete Mix Design Before producing any concrete, submit the proposed mix design to the Supervisor of Road Maintenance Contracts and Projects on a form provided by the Department. Use only concrete mix designs meeting the following requirements and having prior approval of the Supervisor of Road Maintenance Contracts and Projects. Maximum water to cementitious materials ratio 0.55 lbs/lbs [0.55 kg/kg] Minimum 28-Day Compressive Strength 2,500 psi [17 MPa] Minimum cementitious Materials Content 470 lbs/yd3 [280 kg/m3] Slump 0 to 6 inch [0 to 150 mm] Materials may be adjusted provided that the theoretical yield requirement of the approved Mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on the Department concrete delivery ticket. The Supervisor of Road Maintenance Contracts and Projects may disqualify any concrete production facility for non-compliance with Specification requirements. Sampling and Testing The Supervisor of Road Maintenance Contracts and Projects may sample and test the concrete at his discretion to verify its quality. Certification and Acceptance Furnish a Delivery Ticket with each batch of concrete before unloading at the placement site. The concrete producer may use an alternate form provided that it contains the required information. Record material quantities incorporated into the mix on the Delivery Ticket. Ensure that the Batcher responsible for production of the concrete, certifying that the batch was produced in accordance with specification requirements, signs the Delivery Ticket. Sign the Delivery Ticket certifying that the maximum specified water to cementitious materials ratio was not exceeded due to any jobsite adjustments to the batch, and that the batch was delivered and placed in accordance with specification requirements. Concrete acceptance by the Department will be by Certification on the Delivery Ticket, as described herein, by the Batcher and the Contractor. The Supervisor of Road Maintenance Contracts and Projects will hold the contractor responsible for rejecting loads of concrete that do not meet specification requirements, or exceeds the allowable slump or water to cementitious materials ratio. Replace, at no cost to the Department, all concrete that does not meet the 28-day compressive strength requirements. At the sole option of the Department, the Supervisor Page -14- 118 of Road Maintenance Contracts and Projects may accept concrete at a reduced pay when it is determined that the concrete may not serve its intended function. Placing Concrete Place the concrete as specified in section 520-5 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. CONCRETE GUTTER,CURB ELEMENTS Concrete Use Class I concrete meeting the requirements of section 347 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. Reinforcement For all steel reinforcement that may be required, it must meet the requirements of section 415 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. Joint Materials Must meet the requirements of section 932 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. Form Materials Construct forms for this work of either wood or metal. Provide forms that are straight, free from warp or bends, and of sufficient strength, when staked, to resist the pressure of the concrete without deviation from line and grade. For all items constructed on a radius, use flexible forms. Depth of Forms Ensure that forms have a depth equal to the plan dimensions for the depth of concrete being deposited against them. Machine Placement The Contractor may place these items by machine methods with the approval of the Supervisor of Road Maintenance Contracts and Projects provided that the Contractor consistently produces an acceptable finished product, true to line, grade, and cross section. Excavation Excavate to the required depth, and compact the foundation material upon which these items are to be placed as specified in section 120-9 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting. Contractor is responsible for any limerock base/fill material that may be required to be removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the using Department; all cost should be included with the unit price of pay item being used. This item also includes removal of roots, unauthorized piping or other structures or items that have intentionally/unintentionally been placed in footprint of the work to be completed that must be removed. Page -15- 1 18 Placing Concrete Place the concrete in the form, and tamp and spade it to prevent honeycombing, until the top of the structure can be floated smooth and the edges rounded to the radius shown. Contraction Joints Except for machine placed items, the Contractor may form joints by using dummy joints (either formed or sawed) or by using sheet metal templates. If using sheet metal templates, ensure that they are of the dimensions, and set to the lines shown. Hold templates firmly while placing the concrete. Leave templates in place until the concrete has set sufficiently to hold its shape, but remove them while the forms are still in place. Saw contraction joints, for machine placed items, unless the Supervisor of Road Maintenance Contracts and Projects approves an alternate method. Saw the joints as soon as the concrete has hardened to the degree that excessive raveling will not occur and before uncontrolled shrinkage cracking begins. Space contraction joints at intervals of ten (10) feet except where closure requires a lesser interval, but do not allow any section to be less than four (4) feet in length. Expansion Joints Construct expansion joints at all inlets, at all radius points, and at other locations indicated on plans or by Project Manager and/or designee. Locate them at intervals of five hundred (500) feet between other expansion joints or ends of a run. Ensure that the joint is 1/2 inch in width. Finishing—Repair of Minor Defects Remove the forms within twenty four (24) hours after placing the concrete, and then fill minor defects with mortar composed of one part Portland cement and two parts fine aggregate. The Supervisor of Road Maintenance Contracts and Projects will not allow plastering on the face of the curb. Remove and replace any rejected curb, curb and gutter, or valley gutter without additional compensation. Final finish Finish all exposed surfaces while the concrete is still green. In general, the Supervisor of Road Maintenance Contracts and Projects will only require a brush finish. For any surface areas, which are too rough or where other surface defects make additional finishing necessary, the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub the curb to a smooth surface with a soft brick or wood block, using water liberally. Also, if necessary to provide a suitable surface, the Supervisor of Road Maintenance Contracts and Projects may require the Contractor to rub further, using thin grout or mortar. Curing—General Continuously cure the concrete for a period of at least seventy two (72) hours. Commence curing after completely finishing and as soon as the concrete has hardened sufficiently to permit application of the curing material without marring the surface. Immediately replace any curing material removed or damaged during the seventy two (72) hour period. After removing the forms, cure the surfaces exposed by placing a berm of moist earth against them or by any of the methods described below, for the remainder of the seventy two (72) hour curing period. Wet Burlap Method Place burlap, as specified in section 925-1, of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of 6 inches. Hold the burlap securely Page -16- 1 1B in place such that it will be in continuous contact with the concrete at all times, and do not allow any earth between the burlap surfaces at laps or between the burlap and the concrete. Saturate the burlap with water before placing it, and keep it thoroughly wet throughout the curing period. Membrane Curing Compound Method Apply clear membrane curing compound or white pigmented curing compound, as specified in section 925-2 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, by a hand sprayer meeting the requirements of section 350-3.10 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, in a single coat continuous film at a uniform coverage of at least two hundred (200) square feet per gallon. Immediately recoat any cracks, checks, or other defects appearing in the coating. Thoroughly agitate the curing compound in the drum prior to application, and during application as necessary to prevent settlement of the pigment. Polyethylene Sheeting Method Place polyethylene sheeting, as specified in section 925-3 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, and revisions thereto current at the time of contract letting, over the entire exposed surface of the concrete, with sufficient extension beyond each side to ensure complete coverage. Overlap adjacent strips a minimum of six (6) inches. Hold the sheeting securely in place and in continuous contact with the concrete at all times. Backfilling and Compaction After the concrete has set sufficiently, but not later than three (3) days after pouring, refill the spaces in front and back of the curb to required elevation with suitable material (Contractor is responsible for any limerock base/fill material that may be required to be removed and/or added, to keep consistent with the existing elevation(s) at no additional cost to the using Department; all cost should be included with the unit price of pay item being used). Place and thoroughly compact the material in layers not thicker than six (6) inches. Surface Requirements Test the gutter section of curb and gutter with a ten (10) feet straightedge laid parallel to the centerline of the roadway and while the concrete is still plastic. Perform straight edging along the edge of the gutter adjacent to the pavement or along other lines on the gutter cross-section, as directed by the Supervisor of Road Maintenance Contracts and Projects. Immediately correct irregularities in excess of inch. Quality&Final Cleaning Up of Right-of-Way The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality and acceptance. Upon completion of the work, and before the Department accepts the work and makes final payment, remove from the right-of-way and adjacent property all falsework, equipment, surplus and discarded materials, rubbish and temporary structures: Restore in an acceptable manner all property, both public and private, that has been damaged during the prosecution of the work; and leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the consent of the property owners. Areas determined to be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects, shall be removed and replaced at no additional cost to the Department. Repairs shall be completed Page -17- 11B prior to submission of the Contractor's invoice for work accomplished during the cycle. However, the Director of Road Maintenance's judgment when evaluating completed work shall be final. UMITA11ONS OF OPERATIONS: Sequence of Operations: The Supervisor of Road Maintenance Contracts and Projects may require the Contractor to finish a section on which work is in progress before starting work on any additional section. Interference with Traffic: At all times conduct the work in such manner and in such sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other equipment safely and without hindrance to the traveling public. Park all private vehicles outside the clear zone. Place materials stored along the roadway so as to cause no obstruction to the traveling public as possible. CONTRACTOR'S SUPERVISION: Prosecution of Work: Project will not start until a Notice to Proceed and/or Purchase Order is provided to the awarded Contractor. Give the work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and with other contractors at work in the vicinity. Contractor's Supervision: Give the work the constant attention necessary to ensure the scheduled progress, and cooperate fully with the Supervisor of Road Maintenance Contracts and Projects and/or his appointed assistant or representative and with other contractors at work in vicinity. Contractor's Superintendent: Maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor's agent. Provide a superintendent who is a competent superintendent capable of properly interpreting the Contract Documents and is thoroughly experienced in the type of work being performed. Provide a superintendent with the full authority to receive instructions from the Supervisor of Road Maintenance Contracts and Projects, including promptly supplying any materials, tools, equipment, labor, and incidentals that may be required. Furnish such superintendence regardless of the amount of work sublet. Provide a superintendent who speaks and understands English, and maintain at least one other responsible person who speaks and understands English, on the project during all working hours. Worksite Traffic Supervisor: Provide a Worksite Traffic Supervisor who is responsible for initiating, installing, and maintaining all traffic control devices. Ensure that the Worksite Traffic Supervisor has at least one year of experience directly related to worksite traffic control in a supervisory or responsible capacity and is certified by the American Traffic Safety Services Association Worksite Traffic Supervisor Certification Program or an equal approved by the CCBC. Use approved alternate Worksite Traffic Supervisors when necessary. Provide a Worksite Traffic Supervisor who is available on a twenty-four (24) hour per day basis, and who reviews the project on a day-to-day basis and participates in all changes to traffic control. Provide the Worksite Traffic Supervisor with access to all equipment and materials needed to maintain traffic control and handle traffic related situations. Ensure that the Worksite Traffic Supervisor immediately corrects all safety deficiencies Do not allow minor deficiencies that are not immediate safety hazards to remain uncorrected for more than twenty- four (24) hours. Ensure that the Worksite Traffic Supervisor is present to direct the initial setup of the traffic control plan and any changes to it. Ensure that the Worksite Traffic Supervisor is available on the site within forty-five (45) minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone Page -18- 118 traffic control or to provide alternate traffic arrangements. The Supervisor of Road Maintenance Contracts and Projects may remove from the project a Worksite Traffic Supervisor that fails to comply with the provisions of this Sub article. ALTERATION OF PLANS OR CHARACTER OF WORK: General: The Supervisor of Road Maintenance Contracts and Projects reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Supervisor of Road Maintenance Contracts and Projects. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. In the instance above, the determination by the Supervisor of Road Maintenance Contracts and Projects shall be conclusive and shall not subject to challenge by the Contractor in any forum, except upon the Contractor establishing by clear and convincing proof that the determination by the Supervisor of Road Maintenance Contracts and Projects was without any reasonable and good-faith basis. Authority of the Supervisor of Road Maintenance Contracts and Projects: Perform all work to the satisfaction of the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects will decide all questions, difficulties, and disputes, of whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of the Contract. The Director of Road Maintenance will have the final authority. Authority and Duties of Supervisor of Road Maintenance Contracts and Projects Assistants: The Supervisor of Road Maintenance Contracts and Projects may appoint such assistants and representatives, as he desires. These assistants and representatives are authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and representatives are not authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are authorized to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Supervisor of Road Maintenance Contracts and Projects. The Supervisor of Road Maintenance Contracts and Projects will immediately notify the Contractor in writing of any such suspension of the work, stating in detail the reasons for the suspension. The presence of the inspector or other assistant in no way lessens the responsibility of the Contractor. The Director of Road Maintenance will have the final authority. DE=ALT AND TERMINATION OF CONTRACT: Determination of Default: The Supervisor of Road Maintenance Contracts and Projects will give notice, in writing, to the Contractor for any delay, neglect, or default, if the Contractor: (a) Fails to begin the work under the Contract within the time specified in the Notice to Proceed; (b) Fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure prompt completion of the Contract; (c) Performs the work unsuitably, or neglects or refuses to remove materials or to perform anew such work that the Supervisor of Road Maintenance Contracts and Projects rejects as unacceptable and unsuitable; Page -19- 1 1a (d) Discontinues the prosecution of the work, or fails to resume discontinued work within a reasonable time after the Supervisor of Road Maintenance Contracts and Projects notifies the Contractor to do so. (e) For any other cause whatsoever, fails to carry on the work in an acceptable manner, for any reasonable cause, becomes unsatisfactory in the opinion of the Supervisor of Road Maintenance Contracts and Projects. If the Contractor, within a period of ten (10) calendar days after receiving the notice described above, fails to proceed to correct the conditions of which complaint is made, the Supervisor of Road Maintenance Contracts and Projects will have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of the Contractor and to declare the Contractor in default. In the event the Contractor fails to perform any required service within the time schedule under the contract, the County reserves the right to obtain substitute performance. Further, the County reserves the right to deduct the cost of such substitute performance from the Contractor's payments. The Contractor may be exempt from this provision if such exemption is granted by the Supervisor of Road Maintenance Contracts and Projects or his designee, in writing, prior to any delays or as a result of an Act of Nature. The Director of Road Maintenance will have the final authority. In the event that the Supervisor of Road Maintenance Contracts and Projects or his designee, finds the Contractor in default, Contractor's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Measurement and Payment Measurement Standards: The Supervisor of Road Maintenance Contracts and Projects or his assistant will measure all work completed under the Contract in accordance with the United States Standard Measures [International System of Units (SI) Measures]. Scope of Payments Items included in Payment: Accept the compensation as provided in the Contract as full payment for furnishing all materials and for performing all work contemplated and embraced under the Contract; also for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its final acceptance; also for all other costs incurred under the provisions of the Florida Department of Transportation, Standard Specifications for Road and Bridge Construction or most current edition approved by Project Manager, and revisions thereto current at the time of contract letting. For any item of work contained in the proposal, except as might be specifically provided otherwise in the basis of payment clause for the item, include in the Contract unit price (or lump sum price) for the pay item or items the cost of all labor, equipment, materials, tools and incidentals required for the complete item of work, including all requirements of the Section specifying such item of work, except as specifically excluded from such payments. Withholding Payment for Defective Work: If the Department discovers any defective work or material prior to the final acceptance, or if the Department has a reasonable doubt as to the integrity of any part of the completed work prior to final acceptance, then the Department will not allow payment for fit Page -20- lib such defective or questioned work until the Contractor has remedied the defect and removed any causes of doubt. Control of Work: The Supervisor of Road Maintenance Contracts and Projects will review completed areas for quality and acceptance. Areas determined to be unsatisfactory, by the Supervisor of Road Maintenance Contracts and Projects, shall be removed and replaced at no additional cost to the Department. Negligence by the Contractor that results in damage to turf, curbs, sidewalks, pavement or structures, mail boxes, appurtenances, etc. shall be repaired or replaced by the Contractor to the satisfaction of the Supervisor of Road Maintenance Contracts and Projects at no additional cost to the Department. Repairs shall be completed prior to submission of the Contractor's invoice for work accomplished. Basis of Payment: Payment shall be full compensation for furnishing all equipment, materials, labor, disposal, and incidentals necessary to complete all specified operations. Beginning Work: Notify the Supervisor of Road Maintenance Contracts and Projects not less than five (5) days in advance of the planned start day of work. Upon the receipt of such notice, the Supervisor of Road Maintenance Contracts and Projects may give the Contractor Notice to Proceed and may designate the point or points to start the work. In the Notice to Proceed, the Supervisor of Road Maintenance Contracts and Projects may waive the five (5) day advance notice and authorize the Contractor to begin immediately. Notify the Supervisor of Road Maintenance Contracts and Projects in writing at least two (2) days in advance of the starting date of important features of the work. Do not commence work under the Contract until after the Supervisor of Road Maintenance Contracts and Projects has issued the Notice to Proceed. The Supervisor of Road Maintenance Contracts and Projects will issue the Notice to Proceed within thirty (30) days after execution of the Contract. Compliance with Time Requirements: Commence work in accordance with the approved working schedule and provide sufficient labor, materials and equipment to complete the work within the time limit(s) set forth in the proposal. Should the Contractor fail to furnish sufficient and suitable equipment, forces, and materials, as necessary to prosecute the work in accordance with the required schedule, the Supervisor of Road Maintenance Contracts and Projects may withhold all estimates that are, or may become due, or suspend the work until the Contractor corrects such deficiencies. A deduction of ten percent(1 0%)will be deducted from invoices for non-compliance with quoted time frames. Pre-construction Conference: Immediately after awarding the Contract but before the Contractor begins work; the Supervisor of Road Maintenance Contracts and Projects will call a pre-construction conference at a place the Supervisor of Road Maintenance Contracts and Projects designates to go over the construction aspects of the project. Attend this meeting, along with the Department and the various utility companies that may be involved with the repair. This meeting will be mandatory. End of Exhibit A Exhibit B—Price Schedule Item 63 will be used for items other than sidewalks, to include but not limited to such items as: reinforced box culverts, catch basins, slabs, retaining walls, headwalls, loading ramps, boat ramps, fixed water control structures, footers, etc. ,nf,) Page -21- ilLs Items 23 thru 25 & 71 thru 80 will be reported on a "Daily Activity Log" and used only when pre- authorized in writing from the Contract Supervisor or authorized County Representative. Category Item Description Unit of Line item measure price 1 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE E) Linear Ft $ 7.50 (Less than or equal to 150 Linear Foot)* 2 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE E)(Less than or Linear Ft $ 15.00 equal to 150 Linear Foot)* 3 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE F) Linear Ft $ 7.50 (Less than or equal to 150 Linear Foot)* 4 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE F) (Less than or Linear Ft $ 15.00 equal to 150 Linear Foot)* 5 Curb and Gutter Items Concrete Curb (TYPE A) Removal & Disposal (Less than Linear Ft $ 7.50 or equal to 150 Linear Foot)* 6 Curb and Gutter Items Concrete Curb (TYPE A) Install (Less than or equal to 150 Linear Ft $ 15.00 Linear Foot)* 7 Curb and Gutter Items Concrete Curb (TYPE B) Removal & Disposal (Less than Linear Ft $ 7.50 or equal to 150 Linear Foot)* 8 Curb and Gutter Items Concrete Curb (TYPE B) Install (Less than or equal to 150 Linear Ft $ 15.00 Linear Foot)* 9 Curb and Gutter Items Concrete Curb (TYPE D) Removal & Disposal (Less than Linear Ft $ 7.50 or equal to 150 Linear Foot)* 10 Curb and Gutter Items Concrete Curb (TYPE D) Install (Less than or equal to 150 Linear Ft $ 15.00 Linear Foot)* 11 Curb and Gutter Items Concrete Curb (Drop Curb) Removal & Disposal (Less Linear Ft $ 7.50 than or equal to 150 Linear Foot)* 12 Curb and Gutter Items Concrete Curb (Drop Curb) Install (Less than or equal to Linear Ft $ 12.50 150 Linear Foot)* 13 Concrete Sidewalk Items Concrete Sidewalk, (New Installation)* Square Yd $ 63.00 14 Concrete Sidewalk Items Concrete Sidewalk, (Removal & Disposal of Existing)* Square Yd $ 18.90 15 Concrete Sidewalk Items Concrete Sidewalk, (Install/ Replacement)* Square Yd $ 42.75 16 Concrete Sidewalk Items ADA Sidewalk Ramps, (New Installation)* Square Yd $ 63.00 17 Concrete Sidewalk Items ADA Sidewalk Ramps, (Removal & Disposal of Existing)* Square Yd $ 20.25 18 Concrete Sidewalk Items ADA Sidewalk Ramps, (Install/ Replacement)* Square Yd $ 63.00 19 Concrete Sidewalk Items ADA Detectable Warning Mat(Install/ Replacement)* Square Ft $ 35.00 20 Concrete Sidewalk Items Concrete Grinding (County Wide)* Square Ft $ 17.50 21 Concrete Drainage Items Mitered Ends (Removal & Disposal of Existing)* Square Yd $ 100.00 22 Concrete Drainage Items Mitered Ends (Install/ Replacement)* Square Yd $ 250.00 23 Miscellaneous Man Hours Construction Forman# Per Hour $ 50.40 24 Miscellaneous Man Hours Equipment Operator# Per Hour $ 45.60 25 Miscellaneous Man Hours Laborer# Per Hour $ 30.00 26 N/A 27 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE E) Linear Ft $ 7.50 (Greater than or equals to 151 Linear Foot 28 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE E) (Greater than or Linear Ft $ 12.50 equals to 151 Linear Foot 29 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (TYPE F) Linear Ft $ 7.50 (Greater than or equals to 151 Linear Foot 30 Curb and Gutter Items Concrete Curb & Gutter Install (TYPE F) (Greater than or Linear Ft $ 15.00 equals to 151 Linear Foot Page -22- 118 31 Curb and Gutter Items Concrete Curb & Gutter Removal & Disposal (Special —for Linear Ft $ 10.00 any odd type) 32 Curb and Gutter Items Concrete Curb & Gutter Install (Special—for any odd type) Linear Ft $ 20.00 33 Curb and Gutter Items Concrete Curb (TYPE A) Removal & Disposal (Greater Linear Ft $ 7.50 than or equals to 151 Linear Foot) 34 Curb and Gutter Items Concrete Curb (TYPE A) Install (Greater than or equals to Linear Ft $ 12.50 151 Linear Foot 35 Curb and Gutter Items Concrete Curb (TYPE B) Removal & Disposal (Greater Linear Ft $ 7.50 than or equals to 151 Linear Foot) 36 Curb and Gutter Items Concrete Curb (TYPE B) Install (Greater than or equals to Linear Ft $ 12.50 151 Linear Foot) 37 Curb and Gutter Items Concrete Curb (TYPE D) Removal & Disposal (Greater Linear Ft $ 7.50 than or equals to 151 Linear Foot) 38 Curb and Gutter Items Concrete Curb (TYPE D) Install (Greater than or equals to Linear Ft $ 12.50 151 Linear Foot) 39 Curb and Gutter Items Concrete Valley Gutter Removal & Disposal (Less than or Linear Ft $ 10.00 equal to 150 Linear Foot 40 Curb and Gutter Items Concrete Valley Gutter Install (Less than or equal to 150 Linear Ft $ 17.50 Linear Foot 41 Curb and Gutter Items Concrete Valley Gutter Removal & Disposal (Greater than Linear Ft $ 10.00 or equals to 151 Linear Foot 42 Curb and Gutter Items Concrete Valley Gutter Install (Greater than or equals to Linear Ft $ 15.00 151 Linear Foot 43 Curb and Gutter Items Concrete Gutter Removal & Disposal (Special — for any Linear Ft $ 10.00 odd type) 44 Curb and Gutter Items Concrete Gutter Install (Special—for any odd type) Linear Ft $ 20.00 45 Curb and Gutter Items Concrete Shoulder Gutter Removal & Disposal (Less than Linear Ft $ 10.00 or equal to 150 Linear Foot) 46 Curb and Gutter Items Concrete Shoulder Gutter Install (Less than or equal to Linear Ft $ 20.00 150 Linear Foot 47 Curb and Gutter Items Concrete Shoulder Gutter Removal & Disposal (Greater Linear Ft $ 10.00 than or equals to 151 Linear Foot 48 Curb and Gutter Items Concrete Shoulder Gutter Install (Greater than or equals Linear Ft $ 17.50 to 151 Linear Foot 49 Asphalt Sidewalk Items Asphalt Sidewalk, (New Installation)* Ton $ 425.00 50 Asphalt Sidewalk Items Asphalt Sidewalk, Open Cut (Removal & Disposal of Ton $ 100.00 Existing) 51 Asphalt Sidewalk Items Asphalt Sidewalk, Open Cut (Install/ Replacement) Ton $ 325.00 52 Asphalt Sidewalk Items Asphalt Sidewalk Overlay * Ton $ 225.00 53 Misc Asphalt Miscellaneous Asphalt(Removal & Disposal)* Ton $ 100.00 54 Misc Asphalt Miscellaneous Asphalt(Install/Replacement Ton $ 225.00 55 Concrete Sidewalk Items Spauld Repair (on any type of concrete surface, County Square Ft $ 100.00 Wide) 56 Concrete Drainage Items Curb Inlets Top (Removal & Disposal of Existing)* Square Yd $ 1,000.00 57 Concrete Drainage Items Curb Inlets Top (Install/ Replacement)* Square Yd $ 2,000.00 58 Concrete Drainage Items Flumes (Removal & Disposal of Existing)* Square Yd $ 20.25 59 Concrete Drainage Items Flumes (Install/ Replacement)* Square Yd $ 63.00 60 Misc Concrete Rip Rap Concrete Bag 40Ib Each $ 50.00 61 Misc Concrete Rip Rap Concrete Bag 601b Each $ 50.00 62 Misc Concrete Rip Rap Concrete Bag 801b Each $ 50.00 Page -23- 11B 63 I Misc Concrete Miscellaneous Concrete installation # Square Yd $ 100.00 64 Misc Concrete Miscellaneous Concrete (Removal & Disposal of Existing) Square Yd $ 45.00 65 Material Items Limerock (Delivered and Installed)# Ton $ 20.00 66 Material Items Limerock (Delivered and Installed)# Square Yd $ 25.00 67 Material Items Fill Dirt(Delivered and Installed)# Ton $ 20.00 68 Material Items Fill Dirt(Delivered and Installed)# Square Yd $ 25.00 69 Material Items Flowable Fill (Excavate-able) delivered # Cubic Yard $ 125.00 70 Material Items Flowable Fill (Non Excavate-able) delivered# Cubic Yard $ 125.00 71 Equipment Crane 100 tons and below# Per Hour $ 450.00 72 Equipment Track or Wheeled Excavator# Per Hour $ 200.00 73 Equipment Track or Wheeled Skid Steer# Per Hour $ 200.00 74 Equipment 15 Yard or less Dump Truck (Includes driver and removal Per Hour $ 150.00 and dumping of material 75 Equipment 16 Yard or More Dump Truck (includes driver and removal Per Hour $ 150.00 and dumping of material 76 Equipment Miscellaneous Equipment (Must be pre-approved by Per Hour $ 250.00 Project Manger to use on job site 77 Equipment Long Stick tracked Excavator(60ft or greater) Per Hour $ 500.00 78 Equipment Tow behind Concrete Pump (with up to 1000 ft discharge Per Hour $ 250.00 Hose) 79 Equipment Concrete Pump truck (up to 200 ft boom)# Per Hour $ 500.00 80 Equipment 6" or less water pump Per Hour $ 100.00 81 Material Items Bahia Sod laid in Place# Square Ft $ 1.25 82 Material Items Bahia Sod laid in Place# Pallet $ 375.00 83 Material Items Floratan Sod Laid in Place# Square Ft $ 2.00 84 Material Items Floratan Sod Laid in Place# Pallet $ 450.00 85 Material Items Rip Rap Rubble Laid in place 6" - 12"# Ton $ 150.00 86 Material Items Silt Screen including Installation and removal per 100ft# Each $ 500.00 (100ft) 87 Material Items Turbidity Barrier including Installation and removal per Each $ 2,000.00 100ft# (100ft) 88 Misc Concrete Miscellaneous Concrete 2500 PSI with fiber mesh, Cubic Yard $ 300.00 delivered 89 Misc Concrete Miscellaneous Concrete 3000 PSI with fiber mesh, Cubic Yard $ 325.00 delivered 90 Misc Concrete Miscellaneous Concrete 5000 PSI with fiber mesh, Cubic Yard $ 350.00 delivered 91 Alternate Concrete Alternate concrete grinding done by hand or any FDOT Square Ft $ 50.00 Grinding approved Method by Proposals only 92 N/A 93 Material Items Materials mark up (only for items not listed on Bid Tab)# 35% pda Page -24- 11B ACORN® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT John Hislop Sihle Insurance Group- Clrwtr PHONE 727-531-6800 FAX 727-531-6855 2653 McCormick Dr (A/r,No,Prey (A/C,NM: Clearwater FL 33759 ADDRESS'Jhislop @sihle.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Westfield Insurance Group 24112 INSURED NEUBE-1 INSURER B: Neubert Construction INSURER C: Services Inc PI O. Box 2503 INSURER D: Ft Myers FL 33902 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 1793191679 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) (MM/DD/YYYY) A x COMMERCIAL GENERAL LIABILITY CWP0743190 10/1/2014 10/1/2015 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $150,000 MED EXP(Any one person) $1,000 PERSONAL&ADV INJURY _ $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X T. LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CWP0743190 10/1/2014 10/1/2015 COMBINED SINGLE LIMIT $ (Ea accident) 1,000,000 X ANY AUTO EE BODILY INJURY(Per person) $ ALL OS�ED SCHEDULED BODILY INJURY(Per accident) $AUTOS X HIRED AUTOS x NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA UAB X OCCUR CWP0743190 11/20/2014 10/1/2015 EACH OCCURRENCE $1,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater N N CWP0743190 10/1/2014 10/1/2015 Rented/Leased Equip 50,000 Deductible 500 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) For any and all work performed on behalf of Collier County. Collier County is included as additional insured with respects to general liability as required per written contract. There shall be a thirty(30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami Trail East Naples FL 34112 AUTHORIZZEDREREPRESE TIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 11B TE Aco CERTIFICATE OF LIABILITY INSURANCE DA04/17/2015vv) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Risk Transfer Insurance Agency,LLC NAME: 707 East Washington Street (A/CNNo,Ext): 866 481-9363 FAX No): Orlando,FL 32801 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Technology Insurance Company,Inc. 42376 INSURED INSURER B: Choice Employers Solutions dba Choice HR;Choice Employer Solutions III,Inc. 715 U.S.Highway South 301 INSURER C Tampa,FL 33619 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:QYPTR4NC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NSR R TYPE OF INSURANCE IA SUER WVD POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS (MM/DDYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PR S t RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION TWC3459153 01/19/2015 01/19/2016 X TORY LAM TS OTH- ER AND EMPLOYERS'LIABILITY 1,000,000 Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Coverage is extended to the leased employees of alternate employer in all states except in monopolistic states(ND,OH,WA,WY)and AK:NEUBERT CONSTRUCTION SERVICES INC This certificate only applies to For any and all work performed on behalf of Collier County. There shall be a thirty(30)day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners AUTHORIZED REPRESENTATIVE 3299 Tamiami Trail East Naples,FL 34112 Page 1 of 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD