Backup Documents 03/28/2017 Item #16A17 (Preferred Material) O
IGINAL
CUMENTS CHECKLIST &
RAC ACCOMPANY ALL ORIGINAL DOCUMENTS
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THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
MAR 2827
COUNTY ATTORNEY PINK ROUTING SLIP ►. 0 ti
Risk Management
Routed by Purchasing Department to Office Initials Date
the Following Addressee(s) (In routing order)
1. Risk Management Risk 1)-t/— 3/2s/f
2. County Attorney Office County Attorney Office .Sijk?
3. BCC Office Board of County
Commissioners V N is 3\3Ak't
4. Minutes and Records Clerk of Court's Office 11-
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5. Return to Purchasing Department Purchasing
Contact: Barbara Lance
PRIMARY CONTACT INFORMATION
Name of Primary Barbara Lance for Evelyn Colon, 3/28/17 Phone Number 252-8998
Purchasing Staff
Contact and Date
Agenda Date Item was 3/28/17 V Agenda Item Number 16.A.17 vir
Approved by the BCC
Type of Document Contract Number of Original .),•,'�
Attached Documents Attached v
PO number or account Solicitation/Contract 16-6663/Roadway
number if document is Number/Vendor Name Contractors/Preferred
to be recorded Material,Inc.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? .i-i(A �� , INA"
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 BL
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 BL
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 BL
signature and initials are required.
7. In most cases(some contracts are an exception), an electronic copy of the document and IM
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
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 BL
BCC,all changes directed by the BCC have been made, and the document is ready for t
Chairman's signature.
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MEMORANDUM
Date: March 31, 2017
To: Barbara Lance,
Procurement Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Contract #16-6663 "Roadway Contractors"
Contractor: Preferred Material, Inc
Attached for your records is an original of the referenced contract above,
(Item #16A17) adopted by the Board of County Commissioners on Tuesday,
March 28, 2017.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
AGREEMENT #166663
1647
for
ROADWAY CONTRACTORS
THIS AGREEMENT is made and entered into this ,Z$ ' day of rngfch , 2017, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision of the
State of Florida (hereinafter referred to as the "County" or "Owner") and Preferred Material, Inc.,
authorized to do business in the State of Florida, whose business address is 5701 East Hillsborough
Avenue, Shite 1122, Tampa, Florida 33610 (hereinafter referred to as the "Contractor").
WITNESSETH:
1. TERM AND COMMENCEMENT. The Agreement shall be for a two (2) year period, commencing
on Date of Board award, and terminating two (2) years from that date, or until such time as all
outstanding Work Orders issued prior to the expiration of the Agreement period have been
completed or terminated.
The Contractor shall commence the Work upon issuance of a Purchase Order.
The County may, at its discretion and with the consent of the Contractor, renew the Agreement
under all the terms and conditions contained in this Agreement for one (1) additional, two year
renewal. The County shall give the Contractor written notice of the County's intention to renew the
Agreement term prior to the end of the Agreement term then in effect.
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 prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Board of County Commissioners deemed four (4) firms to be
qualified and awarded an Agreement to each firm. Each awardee will enter into an Agreement to
provide complete services for roadway construction services on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of Request for Proposal (RFP)
#16-6663, Exhibit A — Scope of Services and the Contractor's proposal, which is incorporated by
reference and made an integral part of this Agreement.
2.1 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 and all Work undertaken by Contractor for Owner pursuant to this
Agreement during the term and any extension of the term of this Agreement. Any County Agency
may utilize the services offered under this Agreement, provided sufficient funds are included in the
budget(s).
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2.2 The procedure for obtaining Work under this Agreement is as follows: 0 bit
For projects with a value of$50,000 or less is outlined below:
1. Summary of Work to be provided to one (1) of the Contractor's selected on a basis that
ensures a relatively even distribution of work.
2. Contractor shall respond with the information and/or proposal sought within seven (7) business
days.
3. Issuance by Owner of a Purchase Order.
For projects with a value of $50,000 to $200,000 are as follows:
1. Quotations shall be solicited from all of the Contractors selected.
2. Contractors shall respond with the information and/or proposal sought within ten (10) business
days.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Purchase Order.
For projects with a value up to $200,000 to $750,000 are as follows:
1. Written quotations shall be solicited from all of the Contractors. The written quotes may be
obtained electronically via the On-Line Bidding System, email or written communication.
Completion time shall be specified in the Quotation.
2. Contractor shall respond with the information and/or proposal sought within fifteen (15)
business days or as specified by the Project Manager.
3. Owner may negotiate terms and conditions of the scope of work.
4. Issuance by Owner of a Work Order; Department Head, County Attorney and Board of County
Commissioners approval is required. Completion time and the collection of liquidated damages
may be specified in the Quotation. Payment and Performance Bonds will be required and shall
be provided within ten (10) business days after notification of award.
5. Certification of Final Completion is required by the County in order for the Contractor to receive
final payment.
Projects exceeding the $750,000 threshold will be formally bid.
2.3 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 designee, in compliance with the Procurement Ordinance, as amended and
Procurement Procedures in effect at the time such services are authorized.
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3. THE AGREEMENT SUM. The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in the response to a specific Request for
Quotation and pursuant to the Price Methodology in Section 3.1.
3.1 Price Methodology:
Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred
from the County to the Contractor; and, as a business practice there are no hourly or material
invoices presented, rather, the Contractor must perform to the satisfaction of the County's Project
Manager before payment for the fixed price contract is authorized.
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:
Preferred Material, Inc.
5701 East Hillsborough Avenue, Suite 1122
Tampa, Florida 33610
Phone: 813-612-5740
Fax: 813-664-8526
Attn: Angelia McElroy, Estimating Manager
Email: angiemcelrov(c�preferredmaterials.com
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government
Director, Road Maintenance Division
Growth Management Department
3327 East Tamiami Trail
Naples, Florida 34112
Attention: Travis Gossard, Sr., CPM
Phone: 239-252-8924
Fax: 239-774-6406
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
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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 Agreement 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. With respect to this Agreement, should the Contractor be found to have failed to
perform Contractor 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:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 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$1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
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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 ensure that all subcontractors comply with the same insurance requirements
that Contractor 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,
Owner and any indemnified party. The duty to defend arises immediately upon presentation of a
claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 11 will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action against the
Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by
the applicable statute of limitations.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be
required to provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment
Bond prior to commencing performance, for the full amount of the Work, which shall act
as a security guaranteeing the performance of the Contractor's work and the payment
by the Contractor to any other party (ies) providing labor and/or materials in connection
with each construction or renovation project performed by the Contractor. The bonds
shall be furnished using the forms prescribed in Exhibit "B".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business in the State of Florida, or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute another bond and surety, both of which shall be
subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on the response to the Request for
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Quotation a request to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "C" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "D."
14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete -work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any
payments otherwise due Contractor under this Agreement or any other Agreement between
Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it
from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable
evidence indicating probable fling of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of
the Work by the Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any
sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other Agreement between
Contractor and Owner.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work of
others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as coordination
of all portions of the Work under the Contract Documents, and the coordination of Owner's
supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as
a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or
neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
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acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth herein,
no addition or changes to the Work shall be made except upon written order of Owner, and
Owner shall not be liable to the Contractor for any increased compensation without such written
order. No officer, employee or agent of Owner is authorized to direct any extra or changed work
orally. Any modifications to this Agreement shall be in compliance with the County's
Procurement Ordinance and Procurement Procedures in effect at the time such modifications
are authorized.
A Change Order in the form attached as Exhibit "E" to this Agreement, shall be issued and
executed promptly after an Agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly executed
Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change
Order in the manner as Owner and Contractor shall mutually agree.
18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
contract in accordance with the Procurement Ordinance, as amended, and Procurement
Procedures.
19. 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)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law:
1. Keep and maintain public records required by the public agency to perform the service.
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2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the Contractor transfers all public records to
the public agency upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall promptly
notify the County in writing. 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.
20. 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.
21. 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.
22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the RFP #16-6663 Roadway Contractors, the
Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract
Documents shall take precedence.
23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or
fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in conformance
with the Contract Documents.
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Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement
or repair. These warranties are in addition to those implied warranties to which Owner is
entitled as a matter of law.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply
competent employees who are physically capable of performing their employment duties. The
County may require the Contractor to remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable and whose continued employment on Collier County
projects is not in the best interest of the County.
25. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules
or regulations of any public authority having jurisdiction over the Project requires any portion of
the Work to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in 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.
26. 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.
27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons
or the Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner is obligated to act to prevent threatened damage,
injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after
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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 Change Order shall be issued to document the
consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the
Contractor shall be deemed to have waived any right it otherwise may have had to seek an
adjustment to the Contract Amount or an extension to the Contract Time.
28. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner)
is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or
such designated portion) is substantially complete and request that Owner issue a Certificate
of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall
make an inspection of the Work (or designated portion thereof) to determine the status of
completion. If Owner does not consider the Work (or designated portion) substantially
complete, the Owner shall notify Contractor in writing giving the reasons therefor.
If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit F, which
shall fix the date of Substantial Completion for the entire Work (or designated portion thereof)
and include a tentative punchlist of items to be completed or corrected by Contractor before
final payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or
designated portions thereof) after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance
with the Contract Documents and is ready for final inspection and acceptance, Owner will
make such inspection and, if Owner finds the Work acceptable and fully performed under the
Contract Documents, Owner shall promptly issue a Certificate of Final Completion, Exhibit G,
recommending that on the basis of Owner's observations and inspections, and the
Contractor's certification that the Work has been completed in accordance with the terms and
conditions of the Contract Documents, that the entire balance found to be due Contractor is
due and payable. Final payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "C."
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination as to
the acceptability of the Work. Unless and until the Owner is completely satisfied, the final
payment shall not become due and payable.
Page 10 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc. 0
16417 1 7
29. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice `to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be
ready for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within
the time specified in the Request for Quotation. Should Contractor fail to substantially
complete the Work within the specified time period, Owner shall be entitled to assess as
liquidated damages, but not as a penalty, the amount specified in the Request for Quotation
for each calendar day thereafter until substantial completion is achieved.
The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby
expressly waives and relinquishes any right which it may have to seek characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if Contractor
fails to substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
30. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Growth Management Department.
31. COMPONENT PARTS OF THIS AGREEMENT. This Agreement 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), RFP #16-6663
Roadway Contractors, Exhibit A — Scope of Services and any addenda, any Quotation/Work
Order made or issued pursuant to this Agreement, and any related plans or specifications for
any such Quotations or Work Orders.
32. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance 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
Page 11 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
n , 6 , i
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.
33. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
34. 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.
35. IMMIGRATION LAW COMPLIANCE. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible
for complying with the provisions of the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended.
Failure by the Contractor to comply with the laws referenced herein shall constitute a breach
of this Agreement and the County shall have the discretion to unilaterally terminate this
Agreement immediately.
36. VENUE. Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
37. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant Agreement to other governmental entities at the discretion of the
successful proposer.
38. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
39. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the costs
of providing background checks by the Collier County Facilities Management Division 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.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and properties.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check
Page 12 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
is valid, as discussed below. All technicians shall have on their shirts the name of the
contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via
e-mail (DL-FMOPScolliergovnet) whenever an employee assigned to Collier County
separates from their employment. This notification is critical to ensure the continued security
of Collier County facilities and systems. Failure to notify within four (4) hours of separation
may result in a deduction of$500 per incident.
40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of 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.
41. 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/division 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 Division Safety Manager and/or Safety Engineer.
***************************Remainder of page intentionally left blank*******************************
Page 13 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
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r GO( b(:I Vt✓I
1 6 A 1 7
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD •F •UNTY COMMISSIONERS
ATTEST ` r COLLIE' ' OU TY, FLORIDA
Owl. - E. Broc,k,`C roof Courts
Int41� 0 Y: //
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2
Dated: J 1. Ile-- �c:,r„r1LA • e,,y\o v- airman
Aitesi.eroo)Chairman's
sIgnaiiire only. Preferred Material, Inc.
Contractor
_4 -----4 /9a—tr-11 By: A
tf4.Ak ti\
First Witness Sign:tur g".
Susan Hibbard Admin -..a - - .a...:.,.t
Print Nay e an. Title Print Name and Title
zzy
e,ond Wit. s
Wesley Murray Accounting Assistant
Print Name and Title
ppr• :d as o'For and Legality:
County Attorney
Item#
Agenda 3 *IT
Date
Date I
Recd 3 13 t
o2
Deputy Clerk
Page la of 29
N16-6663"ROADWAY CONTRACTORS 5p7
Preferred Material,Inc.
Exhibit A- Scope of Services 1 A 1 7
These services shall include roadway installation, and not be limited to, the following:
1. The work may require lengthening or otherwise modifying left and right turn lanes along County
arterial and collector roadways. This work would typically include, but not be limited to: removal of
existing grass or plantings; removal of existing curbing; excavation for new turn lane area;
placement of base material and paving; drainage; adjustment of utilities, if present, including
irrigation and electric service; revisions to signing, pavement marking and striping; any other
additional work necessary to provide a lengthened or otherwise modified turn lane.
2. The work required modifying median openings along County arterial and collector roadways. This
work would be similar to that outlined above in Item 1, however, there may be no existing grass or
plantings present. New grass or plantings may be required on a case-by case-basis.
3. The work required providing improvements at the intersections or extension of roadways. This
work could have some or all of the elements outlined in Items 1 and 2 above. The work in this
category, and the other categories, could also include removal and replacement or construction of
new sidewalk, including ramps for the handicapped, and constructing swales.
4. The work of a similar nature and not specifically outlined above.
5. Maintenance of Traffic/Traffic Control and Protection will be a part of all projects and will be in
accordance with FDOT and Collier County standards and requirements of the Maintenance of
Traffic Policy, copies of which are available through the Risk Management and/or Procurement
Services Division(s).
The Project Manager will have the discretion to require replacement of sub-contractor(s) on a
County projects.
The Contractors will be responsible for providing complete construction services for a wide range
of projects that may be required by any of the Collier County Departments/Divisions. The
Contractors shall be responsible for knowledge of and compliance with all relative local, state and
federal codes and regulations.
The Contractors shall provide the County with a one (1) year warranty for all work performed.
This warranty will not go into effect until the project has been completed to the County's total
satisfaction.
Page 15 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
EXHIBIT B 1 6 A I 7
PUBLIC PAYMENT BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That , as
Principal, and , as Surety, located at
(Business Address) are held and firmly bound
to as Oblige in the sum of
($ ) for the payment whereof we bind ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of , 20 ,
with Oblige for
in accordance with
drawings and specifications, which contract is incorporated by reference and made a part hereof, and
is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.0592. In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment
Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of under-signed representative, pursuant to authority of its governing
body.
Page 16 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
•
Signed, sealed and delivered 1 ,
in the presence of: PRINCIPAL: r 6 �
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this of 20_, by
, as of , a
corporation, on behalf of the corporation. He/she is personally known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
Page 17 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
0
I ' ,^'
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , Surety, on behalf of Surety. He/She is personally known
to me OR has produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 18 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
C
EXHIBIT B-2 1 6 A 17
PUBLIC PERFORMANCE BOND
Bond No.
Contract No. 16-6663
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety, located at
(Business Address) are held and firmly bound to
, as Oblige in the sum of
($ ) for the payment whereof we bond ourselves, our heirs,
executors, personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20_, with Oblige for
in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat
hereof, and is referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the Contract at the times and in the manner prescribed in the Contract, and
2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of
any default by Principal under the Contract, including, but not limited to, all delay damages, whether
liquidated or actual, incurred by Oblige; and
3. Performs the guarantee of all work and materials furnished under the Contract for the time specified
in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under
the Contract and compliance or noncompliance with any formalities connected with the Contract or
the changes do not affect Sureties obligation under this bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time,
alterations or additions to the terms of the Contract or other work to be performed hereunder, or the
specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby
waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or
to work or to the specifications.
•
Page 19 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
CAO
/ :\ 1 -1I.
.ry
3 , r A`
This instrument shall be construed in all respects as a common law bond. It is expressly understood
that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this
bond.
In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this
Performance bond regardless of the number of suits that may be filed by Oblige.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of : PRINCIPAL:
By:
Witnesses as to Principal Name:
Its:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
201_, by , as of
, a corporation, on behalf of the corporation.
He/She is personally known to me OR has produced as identification and
did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 20 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
CAS.
1 6 A o
TT
A EST. SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witness as to Surety
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Business Address)
(Printed Name)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by_
, as of
, Surety, on behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.:
Page 21 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
CAC.
EXHIBIT C '`
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORIDA )
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner, dated , 20 for the period from
to
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, have been fully satisfied and paid.
(3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final]Application for Payment No.
CONTRACTOR
BY:
ITS: President
DATE:
Witnesses
[Corporate Seal]
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 ,
by , as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commissioner No.:
Page 22 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
Cg)
EXHIBIT D
A 1
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No. 16-6663
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District(the OWNER) Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE: (Project
Name)
Original Contract Time: Original Contract Amount: $
Revised Contract Time: Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
Retainage @ 10% thru[insert date] $ and stored to Date $
Retainage @ _% after [insert date] $ Less previous payment(s) $
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments
received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in
full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed
in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims,
security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have
been paid for work which previous payments were issued and received from the OWNER and that current payment is now
due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added
to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature)
DATE:
(Type Name &Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional : (DP's Name)
(Signature) DATE:
(Type Name&Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
Page 23 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
EXHIBIT E F
CHANGE ORDER
❑ Contract Modification ❑Work Order Modification ❑Amendment
Contract#: Change#: Purchase Order#: Project#:
Contractor/Firm Name: Project Name:
Project Manager Name: Department:
Original Contract/Work Order Amount Original BCC Approval Date; Agenda Item #
Current BCC Approved Amount , Last BCC Approval Date; Agenda Item #
Current Contract/Work Order Amount SAP Contract Expiration Date (Master)
Dollar Amount of this Change #DIV/0! Total Change from Original Amount
Revised Contract/Work Order Total $ 0.00 #DIV/0! Change from Current BCC Approved Amount
Cumulative Changes $ 0.00 #DIV/0! Change from Current Amount
Completion Date, Description of the Task(s)Change,and Rationale for the Change
Notice to Proceed Original Approved Revised Date
Date Completion Date Date (Includes this change)
#of Days Added Select Tasks ❑Add new task(s) ❑ Delete task(s) ❑ Change task(s) ❑ Other(see
below)
Provide a response to the following: 1.) detailed and specific explanation/rationale of the requested change(s) to the task(s)
and / or the additional days added (if requested); 2.) why this change was not included in the original contract; and, 3.)
describe the impact if this change is not processed. Attach additional information from the Design Professional and/or Contractor if
needed.
Prepared by: Date:
(Project Manager Name and Division)
Acceptance of this Change Order shall constitute a modification to contract/work order identified above and will be subject to all the
same terms and conditions as contained in the contract / work order indicated above, as fully as if the same were stated in this
acceptance. The adjustment, if any, to the Contract shall constitute a full and final settlement of any and all claims of the Contractor/
Vendor/Consultant/Design Professional arising out of or related to the change set forth herein, including claims for impact and delay
costs.
Accepted by: Date:
(Contractor/Vendor/Consultant/Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Design Professional and Name of Firm, if project applicable)
Approved by: Date:
(Procurement Professional
Page 24 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
C/O
EXHIBIT F 1 6 A 1, 7
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial completion applies to all Work under the Contract documents or to the
following specified parts thereof:
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
substantially complete in accordance with the contract documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to
complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR within days of the above date of
Substantial Completion.
Page 25 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material, Inc.
1 6 A 1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance
with the Contract Documents.
Executed by Design Professional on , 20
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
20_
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
, 20
OWNER
By:
Type Name and Title
Page 26 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
1 6 I, 7
EXHIBIT G E
CERTIFICATE OF FINAL COMPLETION
OWNER'S Project No. ENGINEER'S Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Final completion applies to all Work under the Contract documents.
To
OWNER
And
To
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be
finally complete in accordance with the contract documents on:
DATE OF FINAL COMPLETION
Page 27 of 29
#16-6663"ROADWAY CONTRACTORS"
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164i ,A 7
.x.
The following warranty is attached to and made a part of this Certificate:
EXHIBIT H
Executed by Design Professional on , 20_
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Final Completion on
20
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Final Completion on
20
OWNER
By:
Type Name and Title
Page 28 of 29
#16-6663"ROADWAY CONTRACTORS"
Preferred Material,Inc.
c °
a
,u 0
EXHIBIT H
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion.
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -29-
#16-6663'ROADWAY CONTRACTORS"
Preferred Material, Inc. C �
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(7crilfirlltc of Insurance
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(.1 RHI l( \II ISISSI'I.I) AS A MAI II R DI 1\IORMA1101\ 0N1.1' AM) Ct)\I I KS M) RI(iIIIS Intl\ \III' IIII CI RIIIWAI 11011)1 R (Ills t'I RIII ICAO I` Nn1 AS
INSIgtANCP Put icy A\t)Doi x NUI ,\\II NI).I\I1SI),Olt Al 11.1,t I IIP C(IVI ItAHI Allow'l)I11' 1111 POi 1('11 S 1150 I I)111 1(IW 101 icy LI\ilIS ARI 5011.55 111\N 111051
11511'1),Al I I1O14;Il POI ILII S MAY I\c'I lI)I AI)I1I IONA1 S1 111 1\III I MOS MO 115111)111'10W
'Phis is(I)Certify Ihat
I Preferred Materials, Inc. 110,
5701 E. Hillsborough Avenue ADDRESS
SS i� LibertyMutual.
Tampa FL 33610 Al)I)RI{SSS1 1
OF INSURED 'P.,
J INSURANCE
i,,al the issue d.me,,files certificate,insured 11)the Company under the pnlicytiecl listed beim,. the insurance atlarded by the listed poliiy(iesl is subject hi all their hemi,esclu,1011,and
C'onddion,and is nit altered by any requirement.term or amdninn ul'any contract or other document„lilt respect to„hid,Ihi,eertitic:ne may be issued.
i'xI'DATE
0 C'ONIINUOUS
TYPE OF POLICY POLICY NUMBER LIIMIf OF LIAI3ILITY
POLICY mit NI
COVERAGE l o I UNDER\ c
%YORKERS 9/1/2017 WA7-C8D-004095-026 LAW F Mi:FOt1OWINUAEM PLOVERS LIABILITY
26:
COM PENSA"PION WC7-C81-004095-016 WA All WYates except OH,ND, Bodily tiling by Accident
1,000,000 Fach ncrulenn
-016:WI Ilodily Injury Ily Disease
$1,000,000 percvljust
Bodily Injury 13y Disease
$1,000,000 Fact,Person
COMMERCIAL General Aggregate
9/1/2017 TB2-C81-004095-116
GENERAL LIABILITY $2,000,000
-Per Project Aggregate included.
OCCURRENCE Products/Completed Operations Aggregate
$2,000,000
❑CLAIMS MADE Each Occurrence
$2,000,000
RETRO DATE Personal&Advertising Injury
$2,000,000 Per Person/Organization
Other Other
Damage to Premises Rented to Medical Exp:$5,000
You:$250,000
•
AUTOMOBILE 9/1/2017 AS2-C81-004095-126Each Accident—Single Limit
LIABILITY $2,000,000 B.1.And P.D.Combined
Each Person
12/OWNED
121 NON-OWNED Each Accident or Occurrence
ElHIRED Each Accident or Occurrence
OTHER 9/1/2016-9/1/2017 AS2-C81-054502-526 Physical Damage only
Automobile policy -$1-0,000 Comp DED
-$10,000 Coll DED
ADDITIONAL COMMENTS
RE: Project#16-6663"Roadway Contractors"
Collier County Board of County Government is listed as additional insured with regards to the general liability and automobile liability policies,on
a primary and non-contributory basis,where required by written contract.
*If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date.
NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) LibertyMutual
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group
OF SUCH CANCELLATION HAS BEEN MAILED TO:
Project#16-6663"Roadway Contractors"
Collier County BOCC /ZEi-ILS .ree6c,
Attn: Barbara Lance Valerie Reece
3327 Tamiami Trail E Fairfield/049C AUTHORIZED REPRESENTATIVE
Naples FL 34112 9450 Seward Road
Fairfield OH 45014 800-332-3226 1/4/2017
_J OFFICE PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07-10
33616800 1 LM 44 1 9/16-9/17 - Standard Limits 2/2 1 Donna Smitala 1 1/4/2017 11:02:44 AM (CDT) 1 Page 1 of 1
LDI COI 268896 02 11
ACTION BY WRITTEN CONSENT
IN LIEU OF AN ANNUAL MEETING OF
THE BOARD OF DIRECTORS
OF
PREFERRED MATERIALS,INC.
The undersigned, being all of the members of the Board of Directors of Preferred
Materials, Inc., a Georgia corporation(the "Corporation"), do hereby,pursuant to applicable
Georgia statute, give this written consent(a)to the dispensation of an annual meeting of the
Board of Directors of the Corporation and(b)to the taking of the following actions, such actions
to have the same force and effect had a meeting been duly called and held:
I. ELECTION OF OFFICERS
RESOLVED,that effective April 13, 2016 all previous elections of officers are
terminated, and the following persons be, and hereby are, elected to serve as officers of the
Corporation (each individually, an "Officer" and collectively,the "Officers") in the capacities
set forth opposite their respective names until such time as their successors shall be elected and
qualified:
Robert F. Duke Chief Executive Officer
Earl Losier President
Charles Brown Secretary&Treasurer
Darryl W. Fales Vice President& Assistant Secretary
Domenico D'Aqui Vice President&Assistant Secretary
Gregory P.Baier Vice President&Assistant Secretary
Gary Yelvington Vice President&Assistant Secretary
John R. Hooper Vice President&Assistant Secretary
John S. Bramonte Vice President&Assistant Secretary
John W. Taylor Vice President&Assistant Secretary
Kenneth C. Laing Vice President&Assistant Secretary
Mark S. Marine Vice President&Assistant Secretary
Nat Fisher Vice President&Assistant Secretary
Robert B.Royal Vice President&Assistant Secretary
Travis Raitt Vice President&Assistant Secretary
William B. Miller Admin. Vice President and Assistant Secretary
FURTHER RESOLVED,that the Officers be, and each of them hereby is, authorized to
execute and deliver agreements, contracts, documents,certificates, and other instruments,under
the seal of the Corporation if required, for the purpose of conducting the Corporation's business,
including without limitation, selling products and securing construction work, and to take such
other action, as they may deem necessary, advisable, convenient, or appropriate to carry out and
fully perform duties incident to the office or offices so appointed, and such other duties as may
be prescribed by the Board of Directors from time to time;
1 6 A I. 7
FURTHER RESOLVED, that the following persons are hereby designated Officers
solely for the purpose of attesting signatures of other Officers signing on behalf of the
Corporation, and for executing and attesting various corporate documents, tax returns, affidavits,
and other instruments as may be necessary from time to time:
Amy Schuman Assistant Secretary&Assistant Treasurer
Angelica Espinal Assistant Secretary&Assistant Treasurer
Bethany Casimir Assistant Secretary&Assistant Treasurer
Carmen Sutton Assistant Secretary&Assistant Treasurer
Elizabeth Stafford Assistant Secretary&Assistant Treasurer
Jacob Duckett Assistant Secretary&Assistant Treasurer
Sara Brawner Assistant Secretary&Assistant Treasurer
Tracy Kinney Assistant Secretary&Assistant Treasurer
Amber Vickrey Assistant Secretary
Ashley Turner Assistant Secretary
Cheryl Kitzis Assistant Secretary
David Lewis Assistant Secretary
David M. Toolan Assistant Secretary
Gary P. Hickman Assistant Secretary
M. Craig Hall Assistant Secretary
Marizabed Perez Assistant Secretary
Michael F. Deaton Assistant Secretary
Michael G. O'Driscoll Assistant Secretary
Pamela M. Sahr Assistant Secretary
Rick Jarvis Assistant Secretary
Sylvia Rocek Assistant Secretary
Tamara A. Albright Assistant Secretary
Wendy Newell Assistant Secretary
II. APPOINTMENT OF AUTHORIZED EMPLOYEES
RESOLVED, that effective April 13, 2016 all previous appointments of authorized
employees are terminated, and that the following persons be and each of them hereby is
appointed to serve as an authorized employee of the Corporation, which persons shall be
authorized to execute and deliver such agreements, contracts, documents, certificates and other
instruments, under the seal of the Corporation if required, for the purpose of conducting the
Corporation's business including, without limitation, selling products and securing construction
work:
Angelia McElroy Joseph F. Donaruma
Bobbie Reilly Joshua Martin
Brian Morton Jon Stebick
Brian Schumm Lawrence Trace Martell
Carl J. Thompson Michael Iapaluccio
Charles Blinne Michael Vickrey
David Cerniglia Patrick Weaver
Frank Milton Robert Spillman
G. Michael Johnson Shane Taylor
Grant G. Peterson Sylvia Rogers
Jason Johns Ted Kaler
Jeffrey R. Andrews Tony DiPietro
Jennifer K. Edwards Trevor Craig
Jeremy Gerondal W. Charles Molloy
Jeremy Minnillo William Sullivan
Jerry F. Fletcher
John Rauschenbach
FURTHER RESOLVED, that the President of the Corporation may, from time to
time, without further action by the Board of Directors, appoint other persons to serve as
authorized employees, or remove any individuals from this capacity, and to direct those
appointed to take such action, as he may deem necessary, advisable, convenient or
appropriate to carry out and fully perform the duties incident to the office of President.
III. AUTHORIZATION OF TRADE NAMES
RESOLVED, that the activities and operations of the Corporation may be carried on in
any of the following manners or styles as may from time-to-time be deemed necessary or
appropriate:
Conrad Yelvington Distributors
FURTHER RESOLVED, that the President of the Corporation may, from time to
time, without further action by the Board of Directors, authorize the use of additional trade
names, and to deem unauthorized any trade name previously authorized, as he may deem
necessary, advisable, convenient or appropriate.
IV. MISCELLANEOUS
RESOLVED,that all actions previously taken by any Officer of the Corporation
appointed hereunder in his/her capacity as such Officer be, and each of them hereby is, adopted,
ratified, confirmed and approved in all respects as the authorized acts and deeds of the
Corporation;
FURTHER RESOLVED,that each undersigned agrees that electronic signatures,
whether digital or encrypted, of the Board of Directors are intended to authenticate this consent
and to have the same force and effect as manual signatures. As used in the previous sentence,
the term"electronic signatures" means any electronic sound, symbol or process attached to or
logically associated with this consent and executed and adopted by a member of the Board of
Directors with the intent to sign such consent, including, but not limited to, e-mail electronic
signatures executed through Adobe®eSign Services; and
16 A T"
FURTHER RESOLVED,that this Consent, following execution by all of the members
of the Board of Directors,be filed in appropriate order in the minute book of the Corporation.
Signature: Robert Duk 'tie Signature: '
g Robert F.Duke(Apr 22,2016) hn J. at g(Apr 2 016)
Email: rob.duke@preferredmaterials.com Email: jkeating@oldcastlematerials.com