Backup Documents 01/26/2010 Item #16B4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B ..
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ". ...
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on [he item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chainnan's silmature, draw a line through !"outin!! lines #1 throuQh #4, comnlete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s) Office Initials Date
(List in rautin!! order)
L
2.
3. Ian Mitchell, Executive Manager
Board of County Commissioners
~
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact statffor additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BCe has acted to approve the
4. Minutes and Records
Clerk of Court's Office
item)
Name of Primary Staff Michael Greene Phone Number 252-5849
Contact
Agenda Date Item was 01/26/10 Agenda Item Number 16 b4
AODroved bv the BCC
Type of Document Resolution & LAP Supplemental Number of Original 2
Attached AgreemV~( <l.; Documents Attached
o tJilb- I
5, Michael Greene (To forward to
FDOT for silmature)
6. Minutes and Records
CDES
Clerk of Court's Office
Yes
(Initial)
N/A (Not
A licable)
L
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
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. This includes signature pages trom ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours ofBCC approvaL
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified, Be aware of our deadlines!
Tbe document was approved by the BCC on 01-26-10 (enter date) and all cbanges
made during tbe meeting have been incorporated in the attacbed document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
\.b
" \0"
Lb
\.0
Il>
I: Forms! County Forms! Bec Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
2,
3,
4,
5,
6.
16B 4
Minutes and Records:
Please return a certified copy of the
Resolution along with the original signed
and attested agreement to:
CDES
ATTN: MICHAEL GREENE
252-5849
The agreement needs to be signed by FDOT.
168 4
RESOLUTION NO. 2010 - 14
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE THE ATTACHED LOCAL AGENCY PROGRAM SUPPLEMENTAL
AGREEMENT REFLECTING ADDITIONAL FUNDING FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR A LIGHTING PROJECT (FPN # 420885-
1-58-01) PREVIOUSLY APPROVED BY THE BOARD VIA LAP AGREEMENT ON
JULY 17,2009.
WHEREAS, Collier County, Florida ("Collier County") previously entered into a Local
Area Program ("LAP") agreement on July 17, 2009, wherein the Florida Department of
Transportation ("FDOT") agreed to reimburse Collier County the sum of $233,000.00, pertaining
to a project to install lighting beginning at the Town Center (Broadway/Copeland Avenue) and
ending at Riverview Lane and Collier Avenue in Collier County, Florida (the "Project"- FPN #
420885-1-58-01); and
WHEREAS, FDOT has agreed to increase funding on the Project an additional
$7,826.00, for a total funded amount of $240,826.00; and
WHEREAS, Collier County desires to enter into the LAP Supplemental Agreement to
accept the additional funding offered by FDOT on the Project; and
WHEREAS, the Collier County Board of County Commissioners finds the attached LAP
Supplemental Agreement reflecting an increase of funding for the Project is proper and that it is
in the public interest to enter into the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached LAP Supplemental Agreement reflecting increased funding for the Project.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT
along with the LAP Agreement for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
168 4
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this >ll<>''''- day of January, 2010,
ATTEST:
DWIGHT E. BROCK,Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Attest....~: .'
UQllfturt ./'"
By:'d
FRED W, COYLE, Chai
Approved as to form and legal sufficiency:
~f//2 ~
--.
Scott R. Teach,
Deputy County Attorney
Item# ~
Agenda l'tlD I, 0
Date ~
Dcte . ~I '1)
R0C'd ~
168 4
525-010-32
PRODUCTION SUPPORT
02109
age 0
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
001 LOCAL AGENCY PROGRAM 420885-1-58-01
DUNS NO. SUPPLEMENTAL CONTRACT NO.
80-939-7102 AGREEMENT AP K97
P 1 f3
The Board of County Commissioners. Collier County desires to supplement the
original Agreement entered into and executed on 7-17-09 as identified above. All provisions in the original
Agreement and supplements, if any, remain In effect except as expressly modified by this suppiement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name Liahtina
Length 1.064 miles
Termini Beain at the Town Center fBroadwav/Cooeland Avenue) and end oroiect at Rivervlew Lane and Collier Avenue
Description of Work:
The LAP Agreement is amended as follows:
Section 3.01, page 2 of 19 of the LAP Agreement will be modified to reflect the revised funding. The new total amount is $240,626.00.
Exhitit B, page 16 of 19 of the LAP Agreement will be modified to reflect the funding changes as shawn on the "FUNDING" page, which
is attached hereto on page 2 of 3 of this supplemental.
Reason for Supplement.
Increasing the LAP Agreement amount due to the programmed amount being lower than the intended award amount.
16B 4
525..o1Q-32
PRODUCTION SUPPORT
02/09
Paae 2 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORT AliGN FPN
001 LOCAL AGENCY PROGRAM 420885-1-58-01
SUPPLEMENTAL
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 AP K97
FUNDING
TYPE OF WORK
By Fiscal Year (1) (2) (3) (4) (5)
PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE &
PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning
2007-2008
200~2oo9
2009-2010
2010-2011
Total Plannina Cost $0.00 $0.00 $0.00 $0.00 $0.00
Project Development &
Environment (PD&E)
2007-2008
200~2009
2009-2010
2010-2011
Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00
Design
2007-2008
200~2oo9
2009-2010
2010-2011
Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00
Rtght-of-Way
2007-2008
2008-2009
2009-2010
2010-2011
Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00
Construction
2007-2008
200~2oo9
2009-2010 $233 000.00 $7826.00 $240826.00 $0.00 $240826.00
2010-2011
Total Construction Cost $233,000.00 $7,826.00 $240826.00 $0.00 $240,826.00
Construction Engineering and
tnspectlon (CEI)
2007-2008
2008-2009
2009-2010
2010-2011
Total GEl Cost $0.00 $0.00 $0.00 $0.00 $0.00
Total Construction & GEl Costs $233,000.00 $7,826.00 $240,826.00 $0.00 $240,826.00
TOTAL COST OF THE
PROJECT $233,000.00 $7,826.00 $240,826.00 $0.00 $240,826.00
~"-"_"._____'_'.__.._..4__'""~_",,,_._,.,
,,--_......-_._-_.~...
168 4
525-010_32
PRODUCTION SUPPORT
02/09
PaQe 3 of 3
SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
001 LOCAL AGENCY PROGRAM 420885-1-58-01
SUPPLEMENTAL
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 AP K97
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY COLLIER COUNTY
.....--.---
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Name: Fred W. Coyle
Title: BoCC Chairman or Desigrlee'
By:
Name: Dick Combs
Title: Director of Transportation Development
Apes! ~ /}u i~..~
r"" Nalliis: Dw''''WT ~. .'
Attil$lt Cff~C~1 .
11QAaturt Oft I.
Date: )." ](c'/()
~
Attest:
Name:
Title: Executive Secretary
Date:
~rm:
~ f 02 j~/ 7),p"~/ ~~~~ A~
Attorney
As to form:
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
16B4
MEMORANDUM
Date:
February 24, 2010
To:
Rhonda Cummings, Purchasing
Contract Specialist
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #10-5376: "Everglades Lighting Collier Avenue
(Copeland Ave to Riverview Rd"
Contractor: ITran Partners, Inc.
Enclosed is one original contract, referenced above (Agenda Item
#16B4), approved by the Board of County Commissioners on Tuesday,
January 26, 2010.
The second co~tract will be kept in the Minutes and Records
Department as part of the Board's permanent records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosure (1)
ITEM NO.: 10, ~,..or\"{ff1
FILE NO.:
. ,J?~;r~!~ICEli~EDcl6 B
\wAJUNT! ,u i " tj",),I\ IF"",' 4
" "n ~.' y
REQUEST FOR LEGAL SERVICES
?fll n C'TTI ~
'-h L I ,_ h I 8 pl,j ,i,',' ""
4C~~')"~~
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ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
Date: February 11, 2010
To: County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #10-5376 "Everglades City Lighting Collier Avenue
(Copeland Ave to Riverview Rd)"
Contractor: ITran Partners, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on January 26, 2010,
Agenda Item 16.B.4
This is a standard contract with no changes. This item was
not previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to the BCC for signature after approval. If there are
any questions concerning the document, please contact me. Thank you.
C: Mike Greene, Trans. Planning
~&fu
t\ttA\ ~O
RLS # , D ,- f K c - 0 I if f 16 B 4
CHECKLIST FOR REVIEWING CONTRACTS '
I T \~V\ PCLr+v1~r ~ InL"
.J I Yes
LYes
Exp. Date
Exp. Date $ S ceo
;;lOb L/ '\fen \ ~ ~(' Co \' ''\ ",,,",~r' J
~Provided $ ~xp ~ate ~, 0
QO I 000 \ Iv S t f" \t\eL.-V ~ e t - 1101 Co 0
~Yes No
Yes ./ No
Entity Name:
Entity name correct on contract?
Entity registered with FL Sec. of State?
No
No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &lor Project referenced on Certificate?
Certificate Holder name correct (BCC)? I
Commercial General Liability "" \ \..-
General Aggregate Required $ {L '\T\\....
Products/CompVOp Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ , M. \ L 'l... Provided $
Workers Compensation <' \ -\\..1.. to\c.l
Each accident Required $...YT <l 1
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability JJ.
Each Occurrence Required $ Provided $
Per Aggregate Required $ Provided $
Other Insurance ,
Each Occur Type: A",,\-c ~ Y,~~\C"J Required $
J)fA...'/\I\....S e.
County required to be named as additional insured?
County named as additional insured?
L- Yes
v Yes
~Yes
I~Yes
;L tJ\ \ L Exp. Date
~MI1-
7.50 K
75vK,
500 J<.
Provided $
Provided $
Provided $
~ Provided $
lfrovided $
No
No
1-No
--LNo
~II/IO
Exp. Date ~ / I /10
Exp. Date 1(/ / , / {o
Exp. Date ~,' /D
Exp. Date ~
Exp Date {, II/;o
t:. /'//0
o II /10
/P /'//0
b It It 1;
J- "" . L
~\L-
Provided $
Provided $
Provided $
S
Provided $ a N\\L
Exp Date
Exp Date
Exp Date
1\
\1
Exp Date
Exp Date
Yes
No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
~Yes
Yes
No
-LNo
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
fJaAJe.
/ Yes
-'-Yes
,,~ Yes
No
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
I Yes
-V- Yes
~Yes
~Yes
('
No
No
No
No
~./ Yes
Yes
Yes
No
No
No
Attachments
Are all required attachments included?
.j Yes
,j~
~/
k~
ReVie~e~ InitiaJCi)
Date: !J...-/t(- 10
04-COA-0 I 030/222
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16 B 4 Pale 1 of2
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Florida Profit Corporation
ITRAN PARTNERS INC.
Filing Information
Document Number P08000078688
FEI/EIN Number 263291131
Date Filed 08/25/2008
State FL
Status ACTIVE
Effective Date 08/25/2008
Principal Address
1910 SEWARD AVE.
NAPLES FL 34109
Mailing Address
1910 SEWARD AVE.
NAPLES FL 34109
Registered Agent Name & Address
BONNESS, JOSEPH D III
1910 SEWARD AVE.
NAPLES FL 34109
Officer/Director Detail
Name & Address
Title P
BONNESS, JOSEPH D III
1910 SEWARD AVE.
NAPLES FL 34109
Title VP
KELLY, DANIEL J
1910 SEWARD AVE.
NAPLES FL 34109
Title S
BAILIE, KATHLEEN M
1910 SEWARD AVE.
NAPLES FL 34109
Annual Reports
Report Year Filed Date
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=P080000786... 2/11/2010
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16B4 t
2009 04/27/2009
Document Images
04/27/20Q9"~~,,ANN,I,.)AI...REPQ,RT
QaI2!:i!2QQa.,,~.~..,PQme$tiGP[Qfit
Note: This is not official record. See documents if question or conflict.
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1684
MEMORANDUM
RE:
Ray Carter
Risk Management Department
Rhonda Cummings, FCCN, CPPB, Contract speCialist" .-17' () ---..
Purchasing Department r, "r' ~ ~.
February 11, 201 0 ~' LD
Review of Insurance for Contract: 10-5376 "Everglades City
Lighting Collier Avenue (Copeland Ave to Riverview Rd)"
TO:
FROM:
DATE:
Contractor: ITran Partners, Inc.
This Contract was approved by the BCC on January 26, 2010, Agenda Item
16.B.4
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
C: Mike Greene, Trans. Planning
DATE RECEIVED
FEB 1 2 2010
R" T<:!( uMArEME~N
:;';:;~ut
;f~/o
dod/RC
1684
mausen_9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Thursday, February 18,201010:11 AM
CummingsRhonda
GreeneMichael; DeLeonDiana; mausen_g
Contract 10-5376 "Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Rd)"
All, I have approved the payment and performance bonds in addition to the certificate of insurance provided by ITran
Partnhers, Inc. The contract will now be forwarded to the county attorney's office for their review.
Thank you,
Ray
~ Cah.t.eh.
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e-mail addresses are public records, If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
11 6 B
i, !
..L:. "I-
'~----
ACORd
- --~----
i PRODUCER
, Marsh
. 3031 N. Rocky Point Drive, Suite 700
Tampa, FL 33607
Attn: P (813) 207-5100 F (813) 207-5190
I---~-.._---'
DATE (MMIDDIYYYY)
, 02/05/2010
_._~ __.____. ~_.____ ---.----.-l-
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CERTIFICATE OF LIABILITY INSURANCE
1 01266-ITRAN-Cas-09-1 0
INSURERS AFFORDING COVERAGE
INSURER A: Travelers Property Casualty Company Of
_ _ '__.____.0 ___.. _...__".___.______ _u."__._____
INSURER B: Everest National Insurance CO
INSURER c: N/A
1 NAIC#
125674
____ ..1___________
110120
----+---
N/A
i INSURED
ITRAN Partners, Inc,
1895 Seward Avenue, Suite 4
Naples, FL 34109
INSURER D:
INSURER E:
COVERAGES, ' , ________________________________ ______ ___________ _____
-THE'POLlCI'ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE--o.-'j
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 I
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
IINSF AD~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR INSR DATE (MM/DDIYYYY) OA TE (MMIDDNYYY)
A I GENERAL LIABILITY VT J EXGL 5800B671 06/01/2009 06/01/2010 EACH OCCURRENCE $ 750 000
I~M'''''' G"'~ UMm ~~~~~iJ~:;~~~~ncel $ 500,000
i CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $
: X SlR:..$25QOOO PERSONAL & ADV INJURY $ 750,000
GENERAL AGGREGATE $ 2,000,000
! GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGC ~. 2,000,090
:X : PRO-
POLICY JECT LOC
A ,AUTOMOBILE LIABILITY VTC2J CAP 5800B683 06/01/2009 06/01/2010 COMBINED SINGLE LIMIT
'---- $ 2,000,000
~ ANY AUTO (Ea accident)
ALL OWNED AUTOS ._._.._._~--- - $ -.-_.-
BODILY INJURY
I (Per person)
~ SCHEDULED AUTOS
L HIRED AUTOS BODILY INJURY $
i NON-OWNED AUTOS (Per accident)
f-- PROPERTY DAMAGE $
I r-- (Per accident)
I I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
I
I iq ANY AUTO $ .-
OTHER THAN EA ACC i
---- - - u.
AUTO ONLY: $ I
AGG I
BI I EXCESS / UMBRELLA LIABILITY 71 C1 0001117091 06/01/2009 06/01/2010 EACH OCCURRENCE $ 5,000,000 I
I
;)(-] OCCUR CLAIMS MADE AGGREGATE $ 5,000,000
, I
I , $
I R DEDUCT I BLE - -- -- ---- -- .--..- - -I
i ., --..... $ -----
RETENTION $ ~- I
IA WORKERS COMPENSATION AND VTC20 UB 5800B66A 06/01/2009 06/01/2010 X I VVC STATU-.I IOJb'-
EMPLOYERS' LIABILITY $ 1,000,000 I
ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N .L. EACH ACCIDENT
I OFFICER/MEMBER EXCLUDED? ,L, DISEASE - EA EMPLOYEE $ 1,000,000 i
I N ,
,
! kMandatory in NH~ If yes, describe under L. DISEASE. POLICY LIMIT $ 1,000,000 :
PECfAL PROVI IONS below
A I OTHER Auto Physical Damage VT J BAP 5800B695 06/01/2009 06/01/2010 Comp/Collision Deductible:
2004 vehicles or newer: $5,000
20,000 Ibs or heavier: $10,000
i
! DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Project: Evergaldes City Lighting Col.lier Ave, (Copeland Ave. t? Riverview Road); Collier Co, Bid No. 10-5376; FPID 420885-1-,58-01
Collier County Board of County Commissioners IS Included as Additional Insured where required by written contract or agreement with respect to General
Liability.
CERTIFICATE HOLDER
A TL -002109860-01
CANCELLATION
Collier County Board of
County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER,
A~{~~~T,EB ~.~,PI~~~ENT A TIVE
Erica Connick
OR
REPRESENTATIVES.
0...."'"c...'~
ACORD 25 (2009/01)
@ 1998-2009 ACORD CORPORATION. All Rights Reserved
The ACORD name and logo are registered marks of ACORD
1684
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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),
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon,
Acord 25 (2009/01)
P(j{ogyr[cpjIqre OP
PV(BLIC CO:NSrr~VcqIO:N
(Pjl f'{"9dfEgyr[ CJ30:N(j)
1684
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY
ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION
255.05(2), Florida Statutes
CONTRACTOR:
SURETY:
AGENT:
OBLIGEE:
CONTRACT
BOND AMOUNT:
CONTRACT DATE:
BOND NO. 8974926
ITran Partners, Inc.
POBox 8929
Naples,FL 34101
239-566-2664
'Fidelity and Deposit Company of Maryland
1400American Ln, Tower 1
Schaumburg IJ 60196
, 847-605-6000
Lykes Insurance, Inc.
Construction Services Division
400, North Tampa Street, Suite 2200
Tampa FL 33602
(813) 223-3911
The Board of County Commissioners of Collier County FL
3301 Tamiami Trail East, ,
Naples FL34112
239-252-8192
$240,826.00
PROJECT:
Everglades City Lighting, Bid No. 10-5376
Collier Avenue - Copeland Avenue to Riverview Rd
"
EXPERIENCE the POWER of PARTNERSHIP
l!..~!!~.
1684"
EXHIBIT A
PUBLIC PAYMENT BOND
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
Bond No. 8974926
Contract No. 10-5376
KNOW ALL MEN BY THESE PRESENTS: That
1895 Seward Ave, #4 Naples FL 34101
and Fidelity and Deposit Company of Maryland
Surety, located at 1400 American Ln. Tower 1 Schaumburg 1160196
(Business Address) are held and firmly bound to Board of County Commissioners of Collier County FL
as Obligee in the sum of Two Hundred Forty Thousand Eight Hundred Twenty-six and no cents US Dollars
($ 240,826.00-----w--- ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
ITran Partners, Inc.
as Principal,
, as
WHEREAS, Principal has entered into a contract dated as of the _ day of
2010 ~ with Obligee for Everglades City Lighting, Bid No. 10-5376
in Collier county in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in 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 February, 2010 2!&OO;c. the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-Aw 1
Bond No. 8974926
Bid No. 10-5376, Everglades City Lighting
1684
STATE OF Florida
COUNTY OF fa C-L-l ~e
The foregoingjostrumen! was acknowledged before ~ this .f!!!...day of ~~
20/1 ,by ::.; J 5'7"" lJ . ~...v;lle6S I as /:ees/l:>..e;l/r' of
ITron Partners, Inc. , a florida corporation, on behalf of the
corporation. He/she is ersonally known to me OR has produced as
identification and did (did not a ~ ~n oath. ~ fI _ /
My Commission Expires: /ttJ-~ ~/I ,_ J ~~
(Si~. ure of Notary!
NAME: fjo/J,tJ/f J,Mff,eE
(Legibly Printed)
i~f:J ""<t(. Notary Public State of Florida
. \ ~ Donna DiMare
~ ~;, ~> ~ My Commilision 00711581
~ OF f\.O~ Expires 10105/2011
(AFFIX OFFICIAL SEAL)
Notary Public, State of ;::&~/~ d
Commission No.: ,Ol) ,///,11 /
SURETY:
ATTEST:
Fidelity and Deposit Company of Maryland
, (Printed Name)
1400 American Ln, Tower 1
Schaumburg IL 60196
(Business Address
N/A
(Authorized Signature)
N/A
Witnesses to Surety
(Printed Name)
GC-CA-A-2
Bond NO. 8974926
Bid No. 10-5376 Everglades City Lighting
16 B 4 ~
i~S+
OR
~ CJu,,, cL
As Attorney in Fact and Florida Licensed
(Attach Power of Attorney) Resident Agent
~CJ
Eileen C. Heard
(Printed Name)
Lykes Insurance Inc.
400 N. Tampa St #2200
Tampa FL 33602
(Business Address)
813 223-3911
(Telephone Number)
STATE OF Florida
COUNTY OF HiIIshorough
this .J.!L day of
I as
My Commission Expires:
THOMSO"
If.R fl.. \e ot Florida
Notary publIC, S~ec. 15,2011
MY camm. e~P. 00 73&410
Camm. NO.
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-Aw3
1684
EXHIBIT A
PUBLIC PERFORMANCE BOND
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
Bond No. 8974926
Contract No. 10-5376
KNOW ALL MEN BY THESE PRESENTS: That
Naples FL 34112 I as Principal, and
as
ITran Partners, Inc., 1895 Seward Ave #4
,
1400 American Ln, Tower 1, Schaumburg IL 60196
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County FL , as Obligee in the sum of
Two Hundred Forty Thousand Eight Hundred Twenty-six and no cents------US DOLLARS
($?40 R?n 00---------- ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
Fidelity and Deposit Company ofMarvland
Surety, located
at
WHEREAS, Principal has entered into a contract dated as of the
2010 , ~~, with Obligee
Everglades City Lighting, Bid No. 10-5376 (Collier Avenue - Copeland Ave to Riverview Rd)
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
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 Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or 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, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-CA-A-4
1684
Bond No. 8974926
Bid No. 10-5376 Everglades City Lighting
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 Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
PRINCIPAL
BY:
NAME: Joseph D. Bonness
ITS: President
STATE OF
COUNTY OF
Florida
~u.J eK...
#Y PVd' Notary Public Stale of Florida
:f ..., <:r- Donna DiMare
~ c.. :, i My Commission 00711581
~ OF !~o~ Expires 10/05/2011
(Sig~ture)
ame: j)~NAl/l
(Legibly Printed)
--
Notary Public, State of: J-U,el ~ J?
Commission No.: bb 7// S-&,/
(AFFIX OFFICIAL SEAL)
GC-CA-A-5
168'
, 4
Bond No. 8974926
Bid No. 105376 Everglades City Lighting
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln Tower 1
Schaumburg IL 60196
(Business Address)
N/A
(Authorized Signature)
N/A
Witnesses as to Surety
~Si~
~~
OR
(Printed Name)
2~
As Attorney in Fact and Florida Licensed Resident Agent
(Attach Power of Attorney)
Eileen C. Heard
(Printed Name)
Lykes Insurance
400 N Tampa St #2200
Tampa FI 33602
(Business Address)
813-223w3911
(Telephone Number)
STATE OF Florida
COUNTY OF HiUsborough
The foregoing instrument was acknowledged before me this ~ day of
February, 2010 I oo.QBr, by Eileen C. Heard I as Attorney-in-fact and Florida Licensed
of Fidelity and Deposit Company ofMarvland I a M land co oration as Surety, on Resident Agent
behalf of Surety. He/She is persona y know me nB.xxhasxxprt>d~
KNOWN as ident fication ad' (did not) take an oath.
My Commission Expires: THOMSON
Notary Public, State o~~l~ri~~
My comma 8llp. Dec. ,
.00188410
(AFFIX OFFICIAL SEAL)
Nota ublic, State of:
Commission No.:
GC-CAwA-6
16, B
. 4.
-
"
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~})~~
By:
Assistant Secretary David S. Hewett
P4j. ~
Eric D. Barnes
Vice President
State of Maryland }SS'
City of Baltimore .
On this 24th day of July, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came DAVID S. HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fIrst above
written.
\,\,\lIJlii'l
,v ~,'~'~~.!~:.:?I/'~;,
~.~~:.,..) {j\,\y....~b"~~
~ .~f"~(. ) ) \~~ :
~;'~>..;,)"'-~~'.:~j
.I", ,:7'iGI1;\'~:;-l)~ ,,'
IlltU""\'
~d-a.O~~
Constance A. Dunn Notary Public
My Commission Expires: July 14,2011
POA-F 031-3055
P(j{O:NTrpjIqre OP
cpV(BLIC CONSfJ'(j{V(]I10N
(PjI ~:MfE:NT (BO:NCD
16Bl.{
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY
ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION
255.05(2), Florida Statutes
CONTRACTOR:
SURETY:
AGENT:
OBLIGEE:
CONTRACT
BOND AMOUNT:
CONTRACT DATE:
BOND NO. 8974926
ITran Partners, Inc.
POBox 8929
Naples, FL 34101
239-566-2664
Fidelity and Deposit Company of Maryland
1400 American Ln, Tower 1
Schaumburg II 60196
847w605-6000
Lykes Insurance, Inc.
Construction Services Division
400 North Tampa Street, Suite 2200
Tampa FL 33602
(813) 223-3911
The Board of County Commissioners of Collier County FL
3301 Tamiami Trail East, .
Naples FL 34112
239-252-8192
$240,826.00
PROJECT:
Everglades City Lighting, Bid No. 10-5376
Collier Avenue - Copeland Avenue to Riverview Rd
EXPERIENCE the POWER of PARTNERSHIP
1Lt!!!!.
1684
EXHIBIT A
PUBLIC PAYMENT BOND
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
Bond No. 8974926
Contract No. 10-5376
KNOW ALL MEN BY THESE PRESENTS: That
1895 Seward Ave, #4 Naples FL 34101
and Fidelity and Deposit Company of Maryland
Surety, located at 1400 American Ln. Tower 1 Schaumbur,g II 60196
(Business Address) are held and firmly bound to Board of County Commissioners ofColIier County FL
as Obligee in the sum of Two Hundred Forty Thousand Eight Hundred Twenty-six and no cents US Dollars
($ 240,826.00--------- ) for the, payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
ITran Partners, Inc.
, as Principal,
t as
WHEREAS, Principal has entered into a contract dated as of the _ day of
2010 ~ with Obligee for Everglades City Lighting, Bid No. 10-5376
in Collier county in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in 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 February, 2010 ~~f the name of each party being affixed and these presents
duly signed by its under-signed representative. pursuant to authority of its governing
body.
GCwCA-Aw1
Bond No. 8974926
Bid No. 10-5376, Everglades City Lighting
16 B 4 1
Signed, sealed and delivered
in the presence of:
ITran Partners, Inc.
M'
.~CJt
PRINCIPAL
..,
BY:
NAME:
ITS:
STATE OF Florida
COUNTY OF (!Ju) ~
The foregoing instrument was acknowledged before m~ this !l:!!:!... day of ~,eame</
20.1!2.., by ~~h )). /bon/le.-!:s I as r,ee5;)).R.A/r- Oil
IIran Partners, Inc. , a fIorida corporation, on behalf of the
corporation. He/she ~ p~rsonally known to me OR has produced as
identificationand did (did not) take an oath. b', () j
My Commission Expires: /~ .-,- ";U 1/ M ~
. (S1g ture of Notary)
btJtJ/J1f- }> In ~'
(Legibly Printed)
~~9.Y Pll~ Notary Public State of Florida
R ..~ ~ Donna DiMare
;. .:,"f:> ; My Commission 00711581
"I'~ OF f'-O~. Expires 10/05/2011
(AFFIX OFFICIAL SEAL)
Notary Public, State of rL.tJ~'t~
Commission No.: /'::>b '11/5"G; /
ATTEST:
. SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln, Tower I
Schaumburg IL 60196
(Business Address
N/A
N/A
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
Bond NO. 8974926
Bid No. 10-5376 Everglades City Lighting
16 B 4"
~S7~
OR
~~
~~ L:='
,.-~~~ '
As Attorney in Fact and Florida Licensed
(Attach Power of Attorney) Resident Agent
Eileen C. Heard
(Printed Name)
Lykes Insurance Inc.
400 N. Tampa St #2200
Tampa FL 33602
(Business Address)
813 223-3911
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
My Commission Expires:
this .2!L day of
I as
The foregoing instrument was acknowled
February, 2010 , 2:O.Q9, by Eileen C. He d
Attorney-in-fact & FL Licensed Resident Agent of Fi Ii an
Surety, on behalf of Surety. He/She is p
KNOWN
take an oath.
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-3
16 B 41
EXHIBIT A
PUBLIC PERFORMANCE BOND
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
Bond No. 8974926
Contract No. 10-5376
KNOW ALL MEN BY THESE PRESENTS: That
Naples FL 34112 J as Principal, and
as
,
1400 American Ln, Tower 1, Schaumburg IL 60196
ITran Partners, Inc., 1895 Seward Ave #4
Fidelity and Deposit Companv ofMarvland
Surety, located
at
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County FL , as Obligee in the sum of
Two Hundred FortY Thousand Eieht Hundred Twenty-six and no cents------US DOLLARS
($1.40 R1.h 00---------- ) 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
2010 I ~ooe, with Obligee
Everglades City Lighting, Bid No. 10-5376 (Collier Avenue - Copeland Ave to Riverview Rd)
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
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 Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including, but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or 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, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-CA-A-4
Bond No. 8974926
Bid No. 10-5376 Everglades City Lighting
1684 ":
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 Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of February, 2010 ('x200i~ 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 th resence of:
PRINCIPAL
Joseph D. Bonness
President
BY:
NAME:
ITS:
STATE OF
COUNTYOF &L-L-;~/L
Florida
T~he ,foregoing instrum~~ lowas ackno~led~~ before
. ~ I -2009;--"'W ~5~A D. ~nlJl?..~~
',ees. . r- of !Tran Partners, Inc.
Florida corporation, on behalf of the corporation.
personally known to me _ OR has produced
as Identification and didf?l not) take a'7\'~th/_
My Commission Expires: ~ Y-t ~_
.\A (Sig~ture) 1:> h _
o~~y P(t~" Notary Public State of Florida I _ / ~ / /1
;,: \~ ,.. Donna DIMare Name: 6JNMI'T I /J1et::;
;, -=- ,.,,; My CommiSSion 00711581
1')o"OFf"'O~ Expires 10/05/2011 (Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of: n.~;e../i>1'9-
,Commission No.: Db'7/J S-R /
~e this ~ day of
, as
I a
He/she is
.- -
GC-CA-A-5
Bond No. 8974926
Bid No. 105376 Everglades City Lighting
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln Tower 1
Schaumburg IL 60196
(Business Address)
N/A
(Authorized Signature)
N/A
Witnesses as to Surety
(Printed Name)
~5+
~LL-.-
Witnesses
OR
r-_/
--C...:.- ~
As Attorney in Fact and Florida Licensed Resident Agent
(Attach Power of Attorney)
Eileen C. Heard
(Printed Name)
Lykes Insurance
400 N Tampa St #2200
Tampa FI 33602
(Business Address)
813-223-3911
(Telephone Number)
STATE OF Florida
COUNTY OF HiIlsborough
My Commission Expires:
The foregoing instrument
February, 2010 I ~~ by
of
behalf of Surety. He/She is
KNOWN
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-6
16B4~
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporationsiSfthe S aryland, by DAVID S.
HEWETT, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursu f ted by Article VI,
Section 2, of the By-Laws of said Companies, which are set forth on G tl 0 reby certified to be in
full force and effect on the date hereof, does hereby nomina f po' 0, JR., Tanya L.
RUSSO, Peter A. mOMSON and Eileen C. ,(3 a I '" . true and lawful agent and
Attorney-in-Fact, to make, exec~te, sea Ii t>,~, d . ~r , and as its act and deed: any and all
bonds and undertakings, ~suc ~gs in pursuance of these presents, shall be as
binding upon said '" I y ents and purposes, as if they had been duly executed and
acknowledged by th e ar e r t e Company at its office in Baltimore, Md., in their own proper persons.
The said AsSistantl~~~els ereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the Byw~ompanies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affIXed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of July, A.D. 2009.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~ })~~
By:
Assistant Secretary David S. Hewett
J)".::j<j. ~
Eric D. Barnes
Vice President
St~te ofM~land }ss:
CIty of Baltimore
On this 24th day of July, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came DAVID S. HEWETT, Vice President, and' ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
,\\\\1II1illl
"'\~,\~~~.:~:.!~J.,:I)/,,
j";~:""),j\;\Y "'~~ .~~
t:i~;i~!~~~~:I~J
1~/lli:~}:~~l ~\\"
~a.o~
Constance A. Dunn Notary Public
My Commission Expires: July 14,2011
POA-F 031-3055
1684
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
daYOf~_
o
, rldJ /)
this
~. !1h~
Assistant Secretary
Co~County
Adninistrative Servires Division
Purch8$ing
Everglades City Lighting
Collier Avenue (Copeland Ave to Riverview Road)
COLLIER COUNTY BID NO.1 0-5376
COLLIER COUNTY, FLORIDA
LAP FUNDED PROJECT
FPID 420885-1-58-01
Design Professional:
Agnoli, Barber & Brundage
DATE RECEIVED
FIB 1 2 2010
:RISK ft4.ANAGEMENT
(i)
."1:.4'"
Pun:hasing~. 3301 Tamiami Trail East. Naples, Florida 34112' www,eoJ!iergOV,fI(1tipun;hasing
1684
TABLE OF CONTENTS
1684 J
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions - LAP FUNDED PROJECT
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Agnoli, Barber & Brundage
and identified as follows: Everglades City Lighting Collier
Avenue (Copeland Ave to Riverview Road)
as shown on Plan Sheets 1 through 10.
EXHIBIT N: Contractor's List of Key Personnel
cJt,.~
Adninistrative Services Division
Purclla:slng
16,,]4
PUBLIC NOTICE
INVITATION TO BID
Everglades City Lighting
COUNTY BID NO. 10-5376
Separate sealed bids for the construction of Everglades City Lighting (Collier Avenue
- Copeland Avenue to Riverview Road), addressed to Mr. Steve Carnell, Purchasing
Director, will be received at the Collier County Government Complex, 3301 Tamiami
Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until
2:30 P.M. LOCAL TIME, on the 12th day of November 2009, at which time all bids will
be publicly opened and read aloud. Any bids received after the time and date specified
will not be accepted and shall be returned unopened to the Bidder.
A Mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 2nd
day of November 2009, at which time all prospective Bidders may have questions
answered regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Everglades City Lighting, Bid No. 10-5376 and Bid Date
of November 12, 2009. No bid shall be considered unless it is made on an unaltered
Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1
through GC-P-15) shall be removed from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierQov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
GC-PN-1
1684
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within one
hundred and twenty (120) calendar days from and after the Commencement Date
specified in the Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent
and purpose of the Bidding Documents, and to postpone the award of the contract for a
period of time which, however, shall not extend beyond one hundred twenty (120) days
from the bid opening date without the consent of the Successful Bidder.
Dated this 23rd day of October 2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell. C.P.M.
Purchasing and General Services Director
GC-PN-2
PART B - INSTRUCTIONS TO BIDDERS
16841
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-15 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form
attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by
typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing
Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples,
Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be
enclosed in another sealed envelope addressed as above. Bids received at the
GC-I B-1
16B4
location specified herein after the time specified for bid opening will be returned to the
bidder unopened and shall not be considered.
Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State
of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an
amount not less than 5% of the bidder's maximum possible award (base bid plus all
add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit
shall be retained by Owner as liquidated damages if the Successful Bidder fails to
execute and deliver to Owner the unaltered Agreement, or fails to deliver the required
Performance and Payment Bonds or Certificates of Insurance, all within ten (10)
calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds,
with conditions that the surety will, upon demand, forthwith make payment to Owner
upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the
Agreement has been executed by the Successful Bidder and same has been delivered
to Owner together with the required bonds and insurance, after which all three (3) Bid
Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be
released within ten (10) working days of the Bid Opening. No Bid including alternates,
shall be withdrawn within one hundred and twenty (120) days after the public opening
thereof. If a Bid is not accepted within said time period it shall be deemed rejected and
the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the
contract prior to the expiration of the 120 day period without selecting any or all
alternates, the Owner shall retain the right to subsequently award to the Successful
Bidder said alternates at a later time but no later than 120 days from opening, unless
otherwise agreed by the Purchasing Director and the Successful Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner
shall execute all copies and return one fully executed copy of the Agreement to
Successful Bidder within thirty (30) working days after receipt of the executed
Agreement from Successful Bidder unless any governmental agency having funding
control over the Project requires additional time, in which event the Owner shall have
such additional time to execute the Agreement as may be reasonably necessary.
Section 4. Right to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities
and negotiate with the apparent lowest, qualified Bidder to such extent as may be
necessary for budgetary reasons.
Section 5. Signing of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
GC-IB-2
. . . . 16B 4
5.2 Bids by a partnership must be executed In the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration.
All such requests for interpretations or clarification must be received at least ten (10)
calendar days prior to the Bid opening date. Any and all such interpretations and
supplemental instructions shall be in the form of written addendum which, if issued,
shall be sent by mail or fax to all known Bidders at their respective addresses furnished
for such purposes no later than three (3) working days prior to the date fixed for the
opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
GC-IB-3
1684
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
It is the intention of these Bidding Documents to identify standard materials. When
space is provided on the Bid Schedule, Bidders shall specify the materials which they
propose to use in the Project. The Owner may declare any Bid non-responsive or
irregular if such materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
GC-IB-4
1684
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Award of Contract shall be issued to the lowest, responsive and qualified
Bidder determined on the basis of the entire Bid and the Owner's investigations of the
Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall
consider the capability of the Bidder to perform the contract in a timely and responsible
manner. When the contract is awarded by Owner, such award shall be evidenced by a
written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing
Department or his or her designee and delivered to the intended awardee or mailed to
awardee at the business address shown in the Bid.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of
County Commissioners in public session. Any actual or prospective bidder who desires
to formally protest the recommended contract award must file a notice of intent to
protest with the Purchasing Director within two (2) calendar days (excluding weekends
and holidays) of the date that the recommended award is posted. Upon filing of said
notice, the protesting party will have five (5) days to file a formal protest, said protest to
strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing
Policy is available at the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.5 Certificate of Authority to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orQ/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
GC-IB-5
,16B 4
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as ''The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth
in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete
list of the subcontractors to be used on the Project, but rather only the major
subcontractors for each category of Work as established by Owner. Bidders further
GC-18-6
1684
acknowledge that once there is an Award of Contract, the Successful Bidder shall
identify, subject to Owner's review and approval, all the subcontractors it intends to use
on the Project. Once approved by Owner, no subcontractor shall be removed or
replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05,
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.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in
compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read
as follows:
"A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime
may not submit a bid, proposal, or reply on a contract to
provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or
public work; may not submit bids, proposals, or replies on
leases of real property to a public entity'; may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for
CATEGORY TVVO for a period of 36 months from the date of
being placed on the convicted vendor list."
GC-I B-7
16 B 4 4
Adminisb'ative Services Division
Purchasing
Email: BrendaBrilhart@collierQov.net
Telephone: (239) 252-8446
FAX: (239) 252-6697
ADDENDUM
Memorandum
Date:
November 2, 2009
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 - ITB #10-5376 Everglades City Lighting Collier Avenue
(Copeland Ave to Riverview Road)
The following clarifications are issued as Addendum #1 identifying the following change (s) for the
referenced bid:
. Due to the brevity of questions asked at the pre-bid meeting, the meeting has been
changed to non-mandatory.
. Dependent upon the outcome of the bid submittals, the payment and performance bonds
may be waived by the Project Manager. The bid scheduled has been updated to include a
line item for bonding. Bonding - Exhibit I - LAP: On contracts of $150,000 or less, the
Department may waive the requirement for all or a portion of a surety bond if it determines
that the project is of a non-critical nature and nonperformance will not endanger the public
health, safety, or property. The Department may require alternate means of security it if
waives the requirement for a surety bond.
. Questions must be placed on the e-procurement system (www.collierQov.netlbid) prior to
close of Business November 6, 2009. To keep this project on the current timeline,
responses to questions submitted after this cutoff will not be provided.
. The ROW permit has already been pulled; the County will be reimbursed for the cost of the
permit by the successful contractor; and an invoice for this permit shall be included in the
awarded contractor's first invoice for billing against the LAP agreement.
. This project does not fall under State highway regulations; therefore Collier County
specifications/regulations will be followed.
. The poles and lights that have to be relocated are in various physical condition, it is highly
recommended that a site visit is made prior to bidding. A representative from the County
will need to be on-site before the poles are relocated.
1684
. FOOT prequalification: The Department does not require the Contractor to be pre-
qualified if bidding contracts of $250,000 or less or if constructing buildings.
CHANGE:
In Table of Contents:
Replace:
EXHIBIT J: Technical Specifications
With:
EXHIBIT J: Technical Specifications: Specifications Package for Financial Project
ID(s): 420885-1-58-01 as reflected on Pages 1 through 9
See attached for clarification.
In Exhibits:
Exhibit "H" - General Conditions - Bid Document
DELETE Sentences (Striked Through) On Pages GC-CA-H-17 & 18:
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all
Work shall be of good quality, free from all defects and in conformance with the Contract
Documents. Contractor further warrants to Owner that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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 otter Substantbl 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 sholl also be responsible for and pay for repl:lcement or rep:lir of :ldj:lcent
materbls or 'Nork 'Nhich m:lY be dam:lged :lS :l result of such repl:lcement or repair. Further, in
the event of :In emergency, Owner may commence to correct any defective Work, 'Nithout prior
notice to Contractor, at Contr:lctor's expense. These warranties are in addition to those implied
w:lrr:lnties to 'Nhich Owner is entitled os :l m:ltter of law.
21.2 No l:lter than 30 d:lYs prior to expiration of the warr:lnty, the Project Manager, or another
representative of the Owner, sh:lll conduct on inspection of the 'N:lrr:lnted work to verify
compliance with the requirements of the Agreement. The Contractor's Representative sh:lll be
present :It the time of inspection and sholl t:lke remedial :lctions to correct any deficiencies noted
in the inspection. Failure of the Contr:lctor to correct the cited deficiencies sh:lll be grounds for the
Owner to disqu:llify the Contractor from future bid opportunities with the Owner, in addition to any
other rights and remedies available to Ovmer.
Note: Language deleted has been struck through. New language has been highlighted and
underlined.
If you require additional information please post a question on the eBid site or contact me (contact
information above).
c: Michael Greene, Project Manager, Transportation Planning
Enc: Table of Contents
Pre-bid Meeting Attendees List
Bid Schedule
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions - LAP FUNDED PROJECT
16 B if.
,
EXHIBIT J: Technical Specifications - Document identified as follows: Specifications
PackaqeforFinancial Proiect ID(s):4208854-58~01 as reflected on Paqes 1
throUqh 9.
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Agnoli, Barber & Brundage
and identified as follows: Everglades City Lighting Collier
Avenue (Copeland Ave to Riverview Road)
as shown on Plan Sheets 1 through 10.
EXHIBIT N: Contractor's List of Key Personnel
1684
Attendees at Pre Bid Meeting November 2, 2009
Ted Cook, TMD Construction Company, Ft. Myers
Alston Dia, Mizpah Electric, Lehigh Acres
Joseph Campanella, Graybar Electric, Naples
David Griggs, Coral Sands Construction, North Port
Thomas Webb, Miller Electric, Jacksonville
Chuck Bentley, Bentley Electric, Naples
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1684
THIS SHEET MUST BE SIGNED BY VENDOR
,. tJlf' ,',' ,A ""vA, 'L
Vnll:lIr& B 4
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. All Required LAP forms attached.
6. Any delivery information required is included.
7. Immigration Affidavit Completed
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's
check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
12. The mailing envelope must be sealed and marked with:
OBid Number
OProject Name
OOpening Date.
13. The Bid will be mailed or delivered in time to be received no later than the specified
opening date and time, otherwise Bid cannot be considered.
ALL COURIERDELlVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
ITran Partners Inc.
Bi@A
Signature & Titl
Date: 11-12-09
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1684
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
BID NO.1 0-5376
Full Name of Bidder ITran Partners Inc.
Main Business Address 1895 Seward Ave., Suite 4, Naples, FL 34109
Place of Business 1895 Seward Ave., Suite 4, Naples, FL 34109
Telephone No. 239-566-2664
Fax No. 239-566-2969
State Contractor's License # EC13004176
Firm's Dun and Bradstreet
Number (DUNS)
(Found at www.dnb.com)
Central Contractor
Registration number (CCR)
(Found at www.ccr.gov)
Florida Certificate of Authority
Document Number
(http://www.sunbiz.org)
022b7J/71
A '?f"L I (t:::> croR..
P08000078688
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools, apparatus
and other means of construction, including utility and transportation services necessary
to do all the Work, and furnish all the materials and equipment specified or referred to in
the Contract Documents in the manner and time herein prescribed and according to the
requirements of the Owner as therein set forth, furnish the Contractor's Bonds and
Insurance specified in the General Conditions of the Contract, and to do all other things
required of the Contractor by the Contract Documents, and that it will take full payment
the sums set forth in the following Bid Schedule.
NOTE: If you choose to bid, please submit an
ORIGINAL and ONE COPY of your bid pages.
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1684
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MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
1684
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1
2
3
4
5
Please insert additional pages as necessary.
l' .,
I .$0."
~:/
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LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the
major categories outlined in the requirements of the Bid specifications. The awarded
prime contractor must self-perform 30% of the work.
The undersigned acknowledges its responsibility for ensuring that the Subcontractors
for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and
Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and
necessitated by the Contract Documents, including, but not limited to proper licenses,
certifications, registrations and insurance coverage. The Owner reserves the right to
disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to Owner, which is found to be non-compliant with
this requirement either before or after the issuance of the Award of Contract by Owner.
(Attach additional sheets as needed). Further, the undersigned acknowledges and
agrees that promptly after the Award of Contract, and in accordance with the
requirements of the Contract Documents, the Successful Bidder shall identify all
Subcontractors it intends to use on the Project. The undersigned further agrees that all
Subcontractors subsequently identified for any portion of work on this Project must be
qualified as noted above.
1
Major Category of Work
D.' ,. 4" ll' 6'"1~ J ]).1' I' , I.' J
Subcontractor and Address
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C 0 ~c;. If II' fCc.", D..) 1"1 ~3' 02~
2
3
4
5
'.....,
71 r~-~, n,' 4
C'-:. ~'-'/ (}
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Proiect and Location
1
.sf&t-t~ p..J. 7D AIc.(;4.):~ FL
l
2
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5
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1- 7'; 1/4 f(.'(.. L.-HI Vt-!.,./ 5
Dated 11/12/09
Reference
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23Gf - 22 &.f - ~I ~r
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'2.3Pf- 32/- 7'15'1
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I
2.3'1- "c;7~2..'~'
ITran Partners Inc.
Bidder
BY:
1684
l684
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (9096, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF.SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
1
T I I
"~'''''J
JJ too .00
1 SO". 00
2
3
4
5
TOTAL
$ )'00.00
Failure to complete the above may result in the Bid being declared nonresponsive.
Dated 11-12-09
Inc.
BY:
, Vice President
1684
Cot'~CountY
.A..dlTlinlstrative Services Division
Purchasing
Bid # :10-5376
Title: Everglades City Lighting
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Sid (ITS's) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with
proposal will delay in the consideration and reviewing of vendor's proposals and could result in the vendor's
proposal being deemed non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to abide by Collier County Employment Eligibility Verification
System requirements regarding this solicitation.
Company Name
ITran Partners Inc.
Print Name
Signature
~niel J etfKen
~O/_
I
STATE OF Florida
COUNTY OF Collier ,
The foregoing instrument was signed and acknowledged before me this /dfhday of th J/ brJL!.~ ,
20P..!i..,by
));;;//t:.L- J. kL.-L-c/
(Print or Type N e) /
fJ (Typ ,
Title Vice President
Date 11-12-09
who has produced
as identification.
,.-.y ~u
J", f' f<1'-
., .
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I"f'O"f"-O<.f:'
Not1HY Pubi:c Stdie of Fiorida
DCj(jna DiMare
rl/ly' Corl"ln11~~li0l1 DD711581
Expires -1 0-05r~'(y: 1
)J); 7//5" ~I /t1--5-~//
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request
supporting documentation as evidence of the vendor's compliance with this sworn affidavit.
1684
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreeme{lt,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within ninety (90) consecutive calendar days, computed by excluding the
commencement date and including the last day of such period, and to be fully completed to 1.f1e
point of final acceptance by the Owner within thirty (30) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the last day
of such period.
Respectfully Submitted:
State of Florida County of Collier
Daniel J. Kelly. Viee President for ITran PartnersI c being first duly sworn on oath
deposes and says that the Bidder on the above Bid is lorganized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized
to make them.
ITran Partners Ine. , also deposes and says that it
has examined and carefully prepared its Bid from the Bidding Documents, including the Contract
Drawings and Specifications and has checked the same in detail before submitting this Bid; that
the statements contained herein are true and correct.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Florida which operates under the legal name of ITran Partners Ine.
, and the full names of its officers are as follows:
1684
President Joseph D. Bonness
Secretary Kathleen M. Bailie
Vice Pres'~f~ef Daniel J. Kelly
Manager
The Vice President
contracts for the company
July 16, 2009
last sentence if not applicable).
IS authorized to sign construction bids and
by action of its Board of Directors taken
, a certified copy of which is hereto attached (strike out this
(b) CoPartnership
The Bidder is a copartnership consisting of individual partners whose full names are as follows:
The copartnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
operating under a trade name, said trade name is
, and if
DATED_ 11/12/09
LA,a'L~
Witnes~
...) P:-/7Jfl)_
~~ ~. ~
Witness '"
l
Florida Corporation
legal entity
BY: ITran Partners Inc.
Vice President
Title
1684
STATE OF Florida
COUNTY OF Collier
The fore oing i~strument was acknowledged before me this /~ay of ;t4~e?nt6eL, 2009,
by I . lA_ , as /I /C'L j/~;.c., lJed;= of
Ale ,a rU~~/)d corporation, on behalf of the
corporation. ~/she is personally known to 111~ or has produced
as identification and did
(did not) take an oath.
o~. ''-'~<< Nutary Public Stale of Florida
~ ,6" Donna DIMare
;.,; ~1\, COll1ml~SIO;\ 00711581
""'i' of' f\O~ t:XPIO;;S 10:05,201 1
NAME:
nature of Notary)
~ AI.tl ;; lJl r}y; #~
(Legibly Printed)
L
My Commission Expires: //).- ~ --~tf' 1/
(AFFIX OFFICIAL SEAL)
Notary Public, State of ~,e/ b ri
Commission No.:]))) '7//:;g'j
16B4
CERTIFIED RESOLUTION OF
ITRAN PARTNERS INC.
I hereby certify that the Directors of ITRAN PARTNERS INC., a Florida Corporation
(the "Corporation"), pursuant to the A11icles of Incorporation and to by-laws of said
Corporation approved the following Resolution:
Be it resolved that Joseph D. B01mess, President, Daniel 1. Kelly, Vice President, and
Kathleen M. Bailie, Secretary; be authorized to sign construction proposals and contracts
by action of its Board of Directors taken July 16, 2009 on behalf of ITRAN PARTNERS
INC.
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ITRAN PARTNERS INC., a Florida Corporation
By:
(~;;X~,n,0~ ~
Kathleen M. Bailie
Corporate Secretary
1684!
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we !Tran Partners, Inc.,
(herein after called the Principal) and
Fidelity and Deposit Company of Maryland , (herein called the
Surety), a' corporation chartered and existing under the laws of the State of
Maryland with its principal offices in the city of Schaumburg IL ' and
authorized to do business in the State of Florida are held and firmly bound
unto the The Board of County Commissioners of Collier county FL (hereinafter called the
Owner), in the full and just sum of Five Perr.ent of Amomit Riel
dollars ($ 5% of Amt Bd ) good and lawful money of the
United States of America, to be paid upon demand of the Owner, to which payment well
and truly to be made, the Principal and the Surety bind themselves, their heirs, and
executors, administrators, and assigns, jointly and severally and firmly by these
presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a
Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish,
install, and fully complete the Work on the Project known as
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
Bid No. 10-5376
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL ,shall enter into the required Agreement with the Owner and within ten days
after the date of a written Notice of Award in accordance with the terms of such Bid, and
give such bond or bonds in an amount of 100% the total Contract Amount as specified in
the Bidding Documents or Contract Documents with good and sufficient surety for the
faithful performance of the Agreement and for the prompt payment of labor, materials and
supplies furnished in the prosecution, thereof or, in the event of the failure of the
PRINCIPAL to enter into such Agreement or to give such bond or bonds, arid deliver to
Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5% of Amt Bd noted above as liquidated damages, and not as a
penalty, as provided in the Bidding Documents, then this obligation shall be null and void,
otherwise to remain in full force and effect.
IN.TESTIMONY Ther~of, the Principal and Surety have causedJ~.~J2ts to
be duly Signed and sealed thiS 12th day of 'November , ~t........../IcS' ~
I J" ..' '.. ~"
~ Q:'''' ~POR4l: ... ~ '\
ITran Partners, Inc. ! !: { \;,~ral'~ 0 I
J. Kelly, V. P. s ~ : E
~ s.. S :gi1 .: ,'"
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BY
Eileen C. Heard, Attorney-in-fact and Florida
Countersigned Licensed Resident Agent
Local Resident Producing Agent for Fidelity and Deposit Companv of Maryland
16B4
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS,Vice President, and GERALD F. HALEY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate,
constitute and appoint Richa."d P. RUSSO, JR", Tanya L. RUSSO, Pe n C. HEARD, all of
Tampa, Florida, EACH its true and lawful agent and Attor , t .~ iver, for, and on its
behalf as surety, and as its act and deed: any and '" e cution of such bonds or
undertakings in pursuance of these prese ~l~~' in ,as fully and amply, to all intents and
purposes, as if they had been d ~ t IWaa.n h gularly elected officers of the Company at its office
in Baltimore, Md., ~p ~er ~rs\ 1:> attorney revokes that issued on behalf of Richard P. RUSSO,
JR., Tanya L. RUSsg;'WrIa~. ~:a.t?Mer A. THOMSON, Eileen C. HEARD, dated September 3,2008.
The said Assistant ~?te eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-r.li's~dCompany, and is now in force.
IN WITNESS WHEREOF. the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of July, A.D.
2009.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
/l
-7
Gerald F. Haley Assistant 5je('J"cltllY
William J. Mills
Vice President
State of Maryland }ss.
City of Baltimore .
On this 21 st day of July, A.D. 2009, before the subscriber, a Notary Puhlic of the State of Maryland, duly commissioned
and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY. Assistant Secretary of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers described in and
who executed the preceding instrument, and they each acknowledged the exel:ution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are thc saiLl olTil:cr" of thc Company aforesaid, and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company. and that the said Corporate Seal and their
signatures as such officers Were duly affixed and subscribed to thc said instrument hy the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Maria D. Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 031-3055
16"8'4
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,oo.and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is stilI in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upOli a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
/ c5l '-r
day of '-7/~
,adJ9.
/7- f.
(d.-C.-7f-/::. , I '1i"''tV-, ~
I I \'~ X
j '_.J
Assistant Secretary
1684
~ Count.Y
Administrative Set'v1ces Division
Purchasing
Email: BrendaBrilhart@colliergov.net
Telephone: (239) 252w8446
FAX: (239) 252-6697
ADDENDUM
Memorandum
Date:
November 2,2009
From:
Brenda Brilhart, Purchasing Agent
To:
Interested Bidders
Subject:
Addendum #1 - ITB #1 Ow5376 Everglades City Lighting Collier Avenue
(Copeland Ave to Riverview Road)
The following clarifications are issued as Addendum #1 identifying the following change (s) for the
referenced bid:
. Due to the brevity of questions asked at the pre-bid meeting, the meeting has been
changed to non-mandatory.
. Dependent upon the outcome of the bid submittals, the payment and performance bonds
may be waived by the Project Manager. The bid scheduled has been updated to include a
line item for bonding. Bonding - Exhibit I - LAP: On contracts of $150,000 or less, the
Department may waive the requirement for all or a portion of a surety bond if it determines
that the project is of a non-critical nature and nonperformance will not endanger the public
health, safety, or property. The Department may require alternate means of security it if
waives the requirement for a surety bond.
. Questions must be placed on the e-procurement system (www.colliergov.netlbid) prior to
close of Business November 6,2009. To keep this project on the current timeline,
responses to questions submitted after this cutoff will not be provided.
. The ROW permit has already been pulled; the County will be reimbursed for the cost of the
permit by the successful contractor; and an invoice for this permit shall be included in the
awarded contractor's first invoice for billing against the LAP agreement.
. This project does not fall under State highway regulations; therefore Collier County
specifications/regulations will be followed.
. The poles and lights that have to be relocated are in various physical condition, it is highly
recommended that a site visit is made prior to bidding. A representative from the County
will need to be on-site before the poles are relocated.
1684
. FOOT prequalification: The Department does not require the Contractor to be pre-
qualified if bidding contracts of $250,000 or less or if constructing buildings.
CHANGE:
In Table of Contents:
Replace:
EXHIBIT J: Technical Specifications
With:
EXHIBIT J: Technical Specifications: Specifications Package for Financial Project
ID(s): 420885-1-58-01 as reflected on Pages 1 through 9
See attached for clarification.
In Exhibits:
Exhibit "H" - General Conditions - Bid Document
DELETE Sentences (Striked Through) On Pages GC-CA-H-17 & 18:
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any
subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to
be incorporated into the Project. Contractor warrants to Owner that any materials and equipment
furnished under the Contract Documents shall be new unless otherwise specified, and that all
Work shall be of good quality, free from all defects and in conformance with the Contract
Documents. Contractor further warrants to Owner that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned and
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 Subotantial Completion, any 'Nork is found to be defective or not in conformance with
the Contract Documenta, Contractor shall correct it promptly after receipt of written notice from
Owner. Contractor ahall also be reoponsible for and pay for replacement or repair of adjacent
materials or Work which may be damaged aa a reault of such replacement or repair. Further, in
the event of an emergency, O'Nner may commence to correct any defective Work, without prior
notice to Contractor, at Contractor's expense. These 'v'w'arranties are in addition to thoae implied
'Narranties to which Owner ia entitled as a matter of law.
21.2 No later than 30 daya prior to expiration of the warranty, the Project Manager, or another
representative of the Owner, shall conduct an inopection of the warranted 'Nork to verify
compliance 'Nith the requirements of the ,^,greement. The Contractor's Representative shall be
present at the time of inspection and ohall tal<o remedial actiono to correct any deficiencies noted
in the inspection. Failure of the Contractor to correct the cited deficienciea shall be grounds for the
Ol/mer to disqualify the Contractor from future bid opportunities with the O....'ner, in addition to any
other righto and remediea available to Owner.
Note: Language deleted has been struck through. New language has been highlighted and
underlined.
If you require additional information please post a question on the eBid site or contact me (contact
information above).
c: Michael Greene, Project Manager, Transportation Planning
Enc: T able of Contents
Pre-bid Meeting Attendees List
Bid Schedule
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions - LAP FUNDED PROJECT
1684
EXHIBIT J: Technical Specifications - Document identified as follows: Specifications
Package for FinancialProiect ID(s):420885-1-58-01 as reflected on Pages 1
through 9.
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by AgnOli, Barber & Brundage
and identified as follows: Everglades City Lighting Collier
Avenue (Copeland Ave to Riverview Road)
as shown on Plan Sheets 1 through 10.
EXHIBIT N: Contractor's List of Key Personnel
1684
Attendees at Pre Bid Meeting November 2, 2009
Ted Cook, TMD Construction Company, Ft. Myers
Alston Dia, Mizpah Electric, Lehigh Acres
Joseph Campanella, Graybar Electric, Naples
David Griggs, Coral Sands Construction, North Port
Thomas Webb, Miller Electric, Jacksonville
Chuck Bentley, Bentley Electric, Naples
16B4
Certificate of Status
I certify from the records of this office that ITRAN PARTNERS INC. is a corporation
organized under the laws of the State of Florida, filed electronically on August 25, 2008,
effective August 25, 2008.
The document number of this corporation is P08000078688.
I further certify that said corporation has paid all fees due this office through December
31, 2008, and its status is active.
I further certify that said corporation has not filed Articles of Dissolution.
I further certify that this is an electronically transmitted certificate authorized by section
15.16, Florida Statutes, and authenticated by the code noted below.
Authentication Code: 080826113025-100134900721 # 1
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Twenty Sixth day of August, 2008
l,ur iP. 1St.oUUltllg
~rcrctar~ of state
16 B 4.
Joan Johnson
From:
Sent:
To:
Subject:
coronline@dos.state.f1.us
Tuesday, August 26, 2008 11 :30 AM
Joan Johnson
Corporate Filing w 100134900721
Attachments:
080826113025-100134900721 #1. rtf
6[J
080826113025-100
134900721#1.rt...
The Articles of Incorporation for ITRAN PARTNERS INC. were filed
electronically on August 25, 2008, effective August 25, 2008, as verified by the letter
and authentication number shown below and were assigned document number P08000078688.
Please refer to this number whenever corresponding with this office.
Enclosed is the certification requested.
Electronic filing and certification is provided for in section 15.16, Florida Statutes and
has the same legal effect as any other filing or certificate.
A corporation annual report/uniform business report will be due this office between
January 1 and May 1 of the year following the calendar year of the file/effective date
year. A Federal Employer Identification (FEI) number will be required before this report
can be filed. Please apply NOW with the Internal Revenue Service by calling
1-800-829-4933 and requesting form
SS-4 or by going to their website at www.irs.ustreas.gov.
Please be aware if the corporate address changes, it is the responsibility of the
corporation to notify this office.
Should you have questions regarding corporations, please contact this office at the
address given below.
Loria Poole
Regulatory Specialist II
New Filings Section
--Division of Corporations - P.O. Box 6327 - Tallahassee, FL
32314
Letter Number: 080826113025-100134900721
. --flease--takE: a few minutes tC)~t~feedback on the qua.ll.ty of seriT1.ce you received from
our staff. The Florida Department of State values your feedback as a customer. Kurt
Browning, Florida's Secretary of State, is committed to continuously assessing and
improving the level and quality of services provided to you. Simply click on the link to
the "DOS Customer Satisfaction Survey." Thank you in advance for your participation.
DOS Customer Satisfaction Survey: http://survey.dos.state.fl.us/index.aspx?
email=Coronline@dos.state.fl.us
1
STATE OFFLOI A 1684
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS LICENSING BOARD (850) 487-1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
PLAMONDON, ROBERTA M
ITRAN PARTNERS INC
10 REPUBLIC DRIVE
NAPLES FL 34112
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission atthe Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new Iicensel
~.:' ',. STATE OF FLORIDA AC# 441108'
'~I ..~' DEPARTMENT OF BUSINESS AND
" v,~"..fl PROFESSIONAL REGULATION
,EC13004176
OS/21/09 000000000
CERTIFIED ELECTRICAL CONTRACTOR
PLAMONDON, ROBERTA M
ITRAN PARTNERS INC
IS ,.CERTIFIED under the provisions of ch.489 1'1
, Expi~ation'datel AUG31, 2010 L09052100494
DETACH HERE
,C# .4.4110 87
STATE OF FLORIDA
..-.... _.' ,"'-.
"". ',. -.. ". . ""." .
" .
-, ..... - .. -'. ..
DEPARTMENT OF: BUSINESS>.Aifu PROFESSIONAL REGULATION
ELECTRICAL"CONTRACTORS..LICENSING BOARD
SEQ# L09052100494
LICENSE NBR
05 21/2009 000000000",; EC13004176 Additional Business ualification
The ELECTRICAL CONTRACTOR
N'amedbelow IS CERTIFIED'"
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2010
PLAMONDON, ,ROBERTA M
ITRAN,'PARTNERS INC
1895 SEWARD AVENUE SUITE 4
NAPLES FL 34109
CHARLIE CRIST
GOVERNOR
nl~PI Ay'A~RF()IIIRFn RY lAW
CHARLES W. DRAGO
SECRETARY
,~
1684
Certificate of Status
I certify from the records of this office that ITRAN PARTNERS INC. is a corporation
organized under the laws of the State of Florida, filed electronically on August 25, 2008,
effective August 25, 2008.
The document number of this corporation is P08000078688.
I further certify that said corporation has paid all fees due this office through December
31, 2008, and its status is active.
I further certify that said corporation has not filed Articl~s of Dissolution.
I further certify that this is an electronically transmitted certificate authorized by section
15.16, Florida Statutes, and authenticated by the code noted below.
Authentication Code: 080826113025-100134900721 # 1
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this the
Twenty Sixth day of August, 2008
I" II r .9 . jN l"OUntt It g
~e(rctar,!, of ~tatc
Bh
- ACORDTM CERTIFICJ... - OF LIABILITY INSURJ.. .CE DATE (MM/DDIYY-!v)
c:. OS/28/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3031 N. Rocky Point Drive, Suite 700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Tampa, FL 33607 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1 01266-ITRAN-Cas-09-1 0 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Travelers Property Casualty Company Of 25674
ITRAN Partners, Inc.
1895 Seward Avenue, Suite 4 INSURER B: Everest National Insurance Co 10120
Naples, FL 34109 INSURER C:
INSURER D:
INSURER E:
"
16
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
N01WITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR ADD'! TYPE OF INSURANCE POLICY NUMBER OLlCY EFFECTIVE POLICY EXPIRATION LIMITS
LTR INSR[ DATE (MMIDDIYY) DATE (MM/DDIYY)
GENERAL LIABILITY EACH OCCURRENCE ,:I) 750 OOc
A f-- VT J EXGL 5800B671 06/01/09 06/01/10 ~=~~J~:~~~ce) 500,OOl:
X COMMERCIAL GENERAL LIABILITY $
f.-- tJ CLAIMS MADE W OCCUR
"x MED EXP (Anyone person) $
RIR' $?I';O 000 PERSONAL & ADV INJURY $ 750,OOc
GENERAL AGGREGATE $ 2,OOO,00C
GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AG( 2,OOO,OOC
!xl '11 PRO- n
X POLICY JECT LOC
A AUTOMOBILE LIABILITY VTC2J CAP 5800B683 06/01/09 06/01/10 COMBINED SINGLE LIMIT 2,OOO,00C
- (Ea accident) $
X ANY AUTO
- ALL OWNED AUTOS
- BODILY INJURY $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY $
-
NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: $
AGG
EXCESS/UMBRELLA LIABILITY 71C10001117091 06/01/09 06/01/10 EACH OCCURRENCE $ 1,000,00C
B ~ OCCUR D
CLAIMS MADE AGGREGATE $ 1,000,000
$
H DEDUCTIBLE $
RETENTION $ <l:
A WORKER$ COMPENSATION AND VTC20 UB 5800B66A 06/01/09 06/01/10 X I WC STATU- I IOJ~-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,OOC
ANY PROPRIETOR/PARTNER/EXECUTIVE I=.L. DISEASE - EA EMPLOYEI $ 1,OOO,00C
OFFICER/MEMBER EXCLUDED?
~~~~lits~~~0l~1orNS below F.L. DISEASE - POLICY LIMIT $ 1,OOO,00C
A OTHER Auto Physical Damage VT J BAP 5800B695 06/01/09 06/01/10 Comp/Collision Deductible:
2004 vehicles or newer: $5,000
20,000 Ibs or heavier: $10,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
For Informational Purposes Only
CERTIFICATE HOLDER
A TL-001582844-06
CANCELLATION
SHOULD MlY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ITRAN Partners, Inc. EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
1895 Seward Avenue, Suite 4 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Naples, FL 34109 BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF MlY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
A~lAA~~~iYs~i~~SENTATIVE ~ 0.........1
Erica Connick
ACORD 25 (2001/08)
o ACORD CORPORATION 1988
16B4
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer. and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2001/08)
Reverse of Page 1
1684
EXHIBIT I
Local Agency Program (LAP) Requirements
SUPPLEMENTAL TERMS AND CONDITIONS
Refer to the Form and Reporting Requirements Exhibit to become familiar with all
documentation and compliance reporting that must be submitted throughout the project.
The following items must be submitted with the bid package. Any missing items will
be considered a nonresponsive bid.
REQUIRED FORMS (Attached)
N/A DBE/ AA Plan Submit BOTH with Bid Package: If your DBE/ AA Plan has not been
~~DOT DBE/ AA Plan approved by FDOT:
Disadvantaged Business Enterprise
Affirmative Action Plan Approval Letter A sample DBE policy and plan (Form
~Opy of DBE/ AA Policy and 275-030-11B) has been provided
DBE PLAN SUBMITTED WITH BID with approval instructions.
MUST BE APPROVED BY FOOT Plan
N/A EEO/ AA Plan SUbZ;d package, A sample EEO policy and plan has
been provided.
Equal Employment Opportunity Copy of EEO/AA Policy and
Affirmative Action Plan Plan The EEO plan is not required to be
approved by FOOT.
/
700-011-13 Notification of EEO Officer Submit with Bid Package i/
700-010-52 Affidavit Vehicle Registration Submit with Bid Package V/
275-030-10 Bid Opportunity List Submit with Bid Package .,/
Exhibit P Declaration of Debarment Submit with Bid Package t/'"
700-010-36 Certification of Sublet Work Submit with Bid Package ,/
275-030-11A Anticipated DBE Statement Submit with Bid Package t/
C-004 Certification of Non-segregated Submit with Bid Package v:
Facilities
Provide FOOT Prequalification # Submit with Bid Package AI//I- PI'.f1 7J'J..bC',tI, ~ i ,'...)r;O,DC{J
/
~
The foJ/owing terms and conditions supersede any terms and conditions under the
General Conditions of this contract and/or policy and guidelines of Collier County
Government for the purpose of this engagement only.
2. Audit Reports
(49 CFR Subtitle A Part 90. 48 CFR 31 Federal ACQuisitions Regulations)
In the event that a recipient expends $500,000 or more in federal awards in its fiscal year, the
recipient must have a single or program specific audit conducted in accordance with the United
States Office of Management and Budget (OMB) Circular A-133.
If the recipient expends less than $500,000 in federal awards during its fiscal year, an audit
conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends
less than $500,000 in federal awards during its fiscal year and elects to have an audit conducted
in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal
funds.
1-1
Revised 10-13-2009
-'
~
Florida Department of Transportation
1684
.
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399w0450
STEPHANIE C. KOPELOUSOS
SECRETARY
March 30, 2009
Mr. Douglas E. Mcintyre
Intran Partners, Inc.
1919- Seward Ave-; ,.
Naples, Florida 34109
RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL
Dear Mr. McIntyre:
.
The Disadvantaged Business Enterprise Affirmative Action Plan submitted by:
Intran Partners, Inc.
has been approved for a period of three years. Please update and submit a new
plan before the expiration date shown below. If you do not plan to work on any
Florida Department of Transportation projects, it will not be necessary for you to
submit a new plan.
If you need any additional information, please contact me at (850) 414-4750.
Administrative Assistant
Equal Opportunity Office
Iclg
AFFIRMATIVE ACTION PLAN EXPIRATION: February 9,2012
This "/an is one of the reauirements to bid on contracts for the Florida
De"artment of TranslJortation. This is not alJlJroval for Unified Certification
Program Disadvantaged Business Entemrise (UCPIDBEJ Certification. For
additional information in becomina a DBE contact the Certification Section
at (850) 414-4747.
.
www.dot.state.fl.us
* RECVCl.ED PAPER
1684
ITRAN PARTNERS, INC
r0~'lr Or'lt""I,....I""\-~r"
,--,udt. ,'i"'" ,"T'( "'-"/ ~
" , .,.;j IIi" r Ct
.
DBE AFFIRMATIVE ACTION PLAN
2009 FEB -9 AM II. 46
POLICY STATEMENT
It is the policy of Itran Partners, Inc that disadvantaged
businesses, as defined by 49CFR Part 26, Subpart D and implemented
under rule Chapter 14 - 78, F . A. C., shall have the opportunity to
participate as subcontractors and suppliers on all contracts
awarded by the-FloridaDepartmentofTransportation.
The requirements of Chapter 14-78, and Florida Statutes Chapter
287.042, shall apply to all contracts entered into between the
Department of Transportation and Itran Partners, Inc.
Subcontractors and/or suppliers to Itran Partners, Inc. are also
bound by the requirements of Chapter 14-78, and Florida Statutes
Chapter 287.042.
-
Itran Partners Inc. and its subcontractors take all necessary and
reasonable steps in accordance with Chapter 14-78, F.A.C., and
Florida Statutes Chapter 287.042 to ensure that disadvantaged
businesses have the opportunity to compete and perform work
contracted with ,the Florida Department of Transportation.
Itran Partners Inc. and its subcontractors do not discriminate on
the basis of race, color, religion, national origin, disability,
sex, age, or veteran status, in the administration of the contracts
with the Florida Department of Transportation.
Itran Partners Inc. has designated and appointed a DBE Liaison
Officer to develop, maintain, and monitor the DBE Affirmative
Action Plan's implementation. The DBE Liaison Officer is
responsible for disseminating this policy statement throughout
Itran Partners Inc. and to disadvantaged businesses. This policy
statement is posted on notice boards of the company.
-
Douglas E. McIntyre, President
Itran Partners Inc.
1910 Seward Ave
Naples, FL 34109
January 23, 2009
~
APPROVEG
D!SAPP,ROVED ~
DATE _ zJ --,
.
.
-
1684
I. DESIGNATION OF DBE LIAISON OFFICER
Itran Partners Inc. aggressively recruits disadvantaged businesses
as s~bcontractors and suppliers of all contracts with the
Department of Transportation. To further the recruitment and
coordination of disadvantaged subcontractors, the Company has
appointed a DBE Liaison Officer to develop and maintain the
Affirmative Action Plan in accordance with the requirements of
Chapter 14-78.
The DBE Liaison officer has the primary responsibility for
developing, maintaining, and monitoring the Company's utilization
of disadvantaged business subcontractors in addition to the
following specified duties:
1. The DBE Liaison Officer shall aggressively solicit bids
from disadvantaged business subcontractors for all
Department of Transportation contracts.
2.
The DBE Liaison Officer will submit all records, reports
and documents required by the Department, and shall
maintain such records for a period of not less than three
years, or as directed by a specific contractual
requirement of the Department.
The following individual have been designated DBE Liaison Officer
with the responsibility for implementing the Company's Affirmative
Action program in accordance with the requirements of the
Department.
Douglas E. McIntyre
Itran Partners, Inc.
1910 Seward Ave.
Naples, FL 34109
(813) 597-2181
16B 4
~ II. AFFIRMATIVE ACTION METHODS
In order to formulate a realistic Affirmative Action Plan, Itran
Partners, Inc. has identified the following known barriers to
participation by disadvantaged business subcontractors, before
describing its proposed affirmative action methods.
1. Lack of qualified disadvantaged subcontractors in our
specific geographical areas of work.
2. Lack" of certified disadvantaged subcontractors who seek
to perform Department of Transportation work.
3. Lack of interest in performing DOT work.
4 Lack of response when requested to bid.
5. Limited knowledge of DOT plans and specifications well
enough to prepare a responsible bid.
In view of the barriers to disadvantaged subcontractors stated
above, it is the policy of Itran Partners, Inc. to provide maximum
opportunity to disadvantaged business subcontractors by utilizing
the following affirmative action methods to ensure participation on
contracts with the Department of Transportation. Itran Partners:
.
1.
Provides written notice to a
specific DBE subcontractors in
subcontracted by the company.
reasonable number of
all areas of work to be
2. Advertises in disadvantaged focused media concerning
subcontract opportunities with the company.
3. Selects portions of the work to be performed by DBEs in
order to increase the likelihood of meeting contract
goals (including, where appropriate, breaking down
contracts into economically feasible units to facilitate
DBE participation) .
4. Provides adequate information about the plans,
specifications, and requirements of the contract, not
rejecting disadvantaged business subcontractors without
sound reasons based on a thorough investigation of their
capabilities.
5 .
Waivers requirements of performance bonds where it is
practical to do so.
.
.
.
.
16B 4
6.
Attends pre-bid meetings held by
appraise disadvantaged business
opportunities with the company.
the Department
subcontractors
to
of
7. Follows up on initial solicitations of interest in DBE
contractors to determine with certainty whether the
company is interested in the subcontractor's opportunity.
Itran Partners, Inc. understands that this list of affirmative
action methods are not exhaustive and will include additional
approaches after having established familiarity with the
disadvantaged subcontracting community and/or determined the stated
approaches to be ineffective.
III. IMPLEMENTATION
On contracts with specific DBE goals, Itran Partners, Inc. will
make every effort to meet contract goals as stated by utilizing its
affirmative action methods. On projects with no specific goals,
the company, as an expression of good faith, seeks to utilize DBE
subcontractors where work is to be subcontracted.
IV. REPORTING
Itran Partners, Inc. shall keep and maintain such records as are
necessary to determine the company I s compliance with its DBE
Affirmative Action Plan. The company designed its record keeping
systems to indicate:
1. The number of DBE subcontractors and suppliers used by
the company, identifying the items of work, materials and
services provided.
2. The efforts and progress being made in obtaining DBE
subcontractors through local and community sources.
3 .
Documentation of all contracts, to include
correspondence, telephone calls, newspaper
advertisements, etc., to obtain DBE participation on all
Department of Transportation projects.
.
.
.
16B4
, . ...
4.
The company shall comply with Florida Department of
Transportation's requirements regarding payments to
subcontractors including DBE's for each month (estimate
period) in which the companies have worked.
v. DBB DIRECTORY
Itran Partners, Inc. developed a DBE Directory to be used in the
performance . of contracts awarded by the Department. of ,.
Transportation. Each subcontractor will be assisted in obtaining
certification with the Department. The company utilizes the
Department's directory until all of its subcontractors have been
certified.
The company will distribute for number 275-030-01, schedule a
certification form No. I, to potential DBE contractors and assists
in its completion.
/J~
~ .lv ----
Douglas E. McIntyre, President
Itran Partners, Inc
1910 Seward Ave
Naples, FI 34109
January 23, 2009
.
.
{.
u.s. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210
June 19, 2009
Ms. Naomi Rodriquez
EEO Officer, Asst.
Itran Partners, Inc.
P.O. Box 8929
Naples, Florida 34101
Dear Ms. Rodriquez:
This is in response to your request for permission to make certain payroll deductions
from wages paid to a worker employed on projects subject to the Davis-Bacon and
related Acts (DBRA) laoor standards provisions. Your firm is requesting permission to
make payroll deductions for uniforms.
As set forth in Department of Labor Regulations, 29 CFR Part 3.6, certain requirements
must be met before permission may be granted to make the requested payroll deductions.
These requirements are: (1) the contractor or any affiliated person does not make a profit
or benefit directly or indirectly from the deduction, (2) the deduction is not otherwise
prohibited by law, (3) the deduction is vohmtarily consented to by the employee in
writing and such consent is not a condition of employment or the deduction is provided
for in a bonafide collective bargaining agreement, and (4) the deduction serves the
~onvenience and interest of the employee.
Based on the affirmations contained in your letter that your firm will comply with the
requirements in 29 CFR Part 3.6, permission is hereby granted to the firm to make the
payroll deduction for uniforms for all current and future DBRA contracts for a period of
one year from the date of this letter.
Sincerely, ~
~
r Timothy J. He
Chief, Branch of Government Contracts Enforcement
Office of Enforcement Policy
16B 4
L
,
Florida Department of Transportation
1684
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANIE C. KOPELOUSOS
. SECRETARY
May 11, 2009
MR RICK DARDAS
INTRAN PARTNERS INC
1910 SEWARD AVE
NAPLES FL 34109
RE: EEO AFFIRMATIVE ACTION PLAN APPROVAL
Dear ML Dardas:
The Equal Employment Opportunity Affirmative Action Plan submitted by:
INTRAN PARTNERS INC '
has been received. Please update any changes to your plan as they occur.
If you need any additionai information, please call me at (850) 414-4747.
sore~. ..
caro~
Administrative Assistant
Equal Opportunity Office
leg
Attachment( s)
www.dot.state.f1.WS
* RECVO-BJ PAPER
16 B 1~
IrAAN RRTNERS INC.
Lighting, Signalization & Intelligent Transportation Solutions
EQUAL OPPORTIJNlTY OFFICE
2UOS fEB -9 MHI; l~S
AFFIRMATIVE ACTION PLAN
REGARDING
EQUAL EMPLOYMENT
OPPORTUNITY
Page 1 of B
It is the continuing policy of Itran Partners, Inc. to hire and
employ qualified reliable and productive employees without regard
to race, color, religion, age, sex, national origin, disability or
veteran status. In order to implement this policy, the company
hereby adopts the following Affirmative Action Program:
1. To assure that applicants are employed, and that employees are
treated during employment, without regard to their race, religion,
sex, color, age, disability, national origin, or veteran status.
Such action shall include: Employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising, layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship, pre-
apprenticeship, and/or on-the-job training.
2. The Equal Employment Opportunity responsibilities and the
discrimination complaint procedures are assigned to the company's
Equal Employment Opportunity Officer.
3. Itran Partners Inc. will comply with all applicable prov~s~ons
(Parts II, III, IV) of Bxecutive Order 11246, d~ted September 24,
1965, regarding Equal Employment Opportunity. All superintendents,
foremen, office managers and other personnel having the
responsibility of hiring, promoting, laying off or disciplining
employees, will read and be familiar with the above order and this
Affirmative Action Plan.
p.o. Box 8929 · Naples, FL 34101 · (239) 566-2664 · Fax (239) 566w2969 · www.ItranPartners.com
1684
~
Page 2 of 8
4. Itran Partners Inc. actual compliance with various laws
relating to employment by furnishing such reports, records and
other matters as requested in order to foster the program of equal
opportunity for all persons regardless of race, religion, color,
age, sex, national origin, disability or veteran status. Furnish
the FAA and the Department of Labor such information as they may
require for the supervision of such compliance, and to assist in
the responsibility for securing compliance.
5. Itran Partners, Inc. refrains from entering into any agreement
with a contractor debarred from, or who has not demonstrated
eligibility for Government Contracts and Federally Assisted
Construction Contracts or applicable parts of Executive Order
11246.
6. Itran Partners makes certain that all recruiting activities
are carried out on a non-discriminatory basis.
7. In requesting workers from hiring sources, Itran Partners, Inc
will ask for qualified workers, minorities/non-minorities. We will
ask for written assurance from hiring sources, that admission to
their referral facilities is open on equal terms to all qualified
persons without discrimination based on race, religion, color, sex,
age, disability, national origin or veteran status.
8. In all advertisements for employees, such advertisements
contain the phrase "AN EQUAL OPPORTUNrTY EMPLOYER". Publications
of special interest to minority groups will be given employment
advertisement when feasible.
9. Itran Partners, Inc seeks minority group referrals or
applicants for journeyman positions and employ in all skills and
crafts.
1684
Page 3 of 8
10. Itran Partners, Inc. will contact appropriate minority groups
and organizations to solicit for employees where other methods have
failed to produce an integrated work force.
11. Itran Partners, Inc. makes its hiring policy and Equal
Employment opportunity Affirmative Action Plan known to all
subcontractors and insists that they also comply with.this policy.
12. Itran Partners, Inc. has established a system for the filing
and processing of complaints of discrimination by employees and
applicants for employment so as to assure prompt and equitable
handling. This system includes procedures to protect from reprisal
those employees who filed complaints of discrim.ination or the
appearance of suchj such complaints are reported to the Project
Engineer or the Equal Employment Opportunity Representative at the
site without delay. Instructions are provided to the supervisory
staff at all levels as to methods of dealing with procedures or
discrimination which may be directed at minority group employees.
13. Discharge of employees for causet ability or work performance
shall not be influenced by an employee's race, religiont color,
sex, aget disabilitYt national origin or veteran status. Lay offs
of employees due to lack of work shall be based solely on needt
work performance and work ability. Documentation of the reasons
for such actions shall be maintained.
14. Itran Partners, Inc. working in conjunction with the Florida
Transportation Builders Association will provide minority group
applicants and employees with equal opportunities by actively
seeking and sponsoring members of minority groups for re-
apprenticeship training. All management and other employees in a
position to implement this policy, including those engaged in
recruiting, hiring, promotingt and training, to include on-the-job
training and other personnel activitiest will be fully advised of
their responsibilities for effective implementation.
15. Itran Partners provides opportunities for upgrading permanent
minority group employees at the home office and/or job sites.
1684
Page 4 of 8
16. Itran Partners evaluates the qualifications of employees
referred through the usual sources to determine that their skills
and capabilities are being properly used or may be more fully
utilized or may warrant their advancement or transfer to other
types of jobs readily leading to advancement by inquiring into work
experience and skills of employees.
17. Itran Partners actually participates individually or through
an association in joint apprenticeship committees
equality of opportunity for minority group applicants
to participate in apprenticeship programs.
to achieve
or employees
18. All supervisory personnel will be fair, considerate and firm
with all employees, to expect and receive a fair day's work for a
day I s pay without favoritism or consideration to an employee IS
race, religion, color, sex, age, disability, national origin or
veteran status.
19. Job superintendents will have the overall responsibility of
carrying out company Equal Employment Opportunity policies and this
Affirmative Action Program at their respective job sites. When
work is begun on each new project, the superintendent will be
informed on Equal Employment opportunity matters concerning the
particular project.
20. Goals and timetable are as established by the State of Florida
and will vary, depending upon the project location.
21. Itran Partners. documents and maintains records of its efforts
to solicit bids from and to utilize minority group subcontractors
or subcontractors with meaningful minority group and female
representation among their employees. We obtain lists of minority
owned construction firms from state Highway Agency personnel. We
use our best efforts to ensure subcontractor compliance with their
equal employment opportunity obligations.
1684
Page S of 8
22. Itran Partners ensures and maintains a working environment
free of harassment, intimidation, and coercion at all sites, and in
all facilities at which Itran Partners' employees are assigned to
work. Where possible, we will assign two or more women to each
construction project. Itran Partners will specifically ensure that
all foremen, superintendents, and other on-site supervisory
personnel are aware of and carry out Itran Partners obligation to
maintain such a working environment, with specific attention to
minority or female individuals working at such sites or in such
facilities.
23. Itran Partners has established and maintains a cUrrent list of
minority and female recruitment sources provide written
notification to minority and female recruitment sources and to
community organizations when Itran Partners, has employment
opportuni ties available, and maintain a record of the
organizations' responses.
24. Itran Partners maintains a current file of the names,
addresses and telephone numbers of each minority an~ female off-
the-street applicant and minority or female referral from a union,
a recruitment source or community organization and of what action
was taken with respect of each such individual. If such individual
was sent to the union hiring hall for referral and was not referred
back to Itran Partners by the union or, if referred, not employed
by Itran Partners, this shall be documented in the file with the
reason therefore, along with whatever additional actions Itran
Partners may have taken.
25. Itrap P~rtn~rs provides immediate written notification to the
Director when the union or unions with which Itran Partners has a
collective bargaining agreement has not referred to Itran Partners
a minority person or woman sent by Itran Partners, or when Itran
Partners has other information that the union referral process has
impeded Itran Partners efforts to meet its obligations.
1684
Page 6 of 8
26. Itran Partners has developed on-the-job training opportunities
and/or participates in training programs for the area which
expressly include minorities and women, including upgrading
programs and apprenticeship and training programs relevant to Itran
Partners' employment needs, especially those programs funded or
approved by the Department of Labor. Itran Partners shall provide
notice of these programs to the source as required.
27. Itran Partners disseminates their EEO policy by providing
notice of the policy to unions and training programs and requesting
their cooperation in assisting Itran Partners in meeting its EEO
obligations; by including it in our policy manual; by publicizing
it in the company newspaper, annual report, ete.; by specific
review of the policy with all management personnel and with all
minority and female employees at least once a year; and by posting
the company EEO policy on bulletin boards accessible to all
employees at each location where construction work is performed.
28. Itran Partners reviews, at least annually, the company's EEO
policy and affirmative action obligations under these
specificatiOriS with all employees having any responsibility for
hiring, assignmertt, layoff, termination or other employment
decisions including specific review of these items with onsite
supervisory personnel such as Superintendents, Foremen, etc., prior
to the initiation of construction work at any job site, A written
record shall be made and maintained identifying the time and place
of these meetings, persons at~ending, subject matter discussed,
and disposition of the subject matter.
29. Itran Partners disseminates its EEO policy externally by
including it in any advertising in the news media, specifically
including minority and female news media, and providing written
notification to and discussing Itran Partners' EEO policy with
other Contractors and subcontractors with whom Itran Partners does
or anticipates doing business.
30. Itran Partners directs its recruitment efforts, both oral and
written, to minority, female and community organizations, to
schools with minority and female students and to minority and
female recruitment and training organizations serving Itran
Partners' recruitment area and employment needs. Not later than
one month prior to the date for the acceptance of applications for
16B4
Page 7 of 8
apprenticeship or other training by any recruitment source, Itran
Partners sends written notification to organizations such as the
above, describing the openings, screening procedures, and tests to
be used in the selection process.
31. Itran Partners encourages present minority and female
employees to recruit other minority persons and women, and, where
reasonable, provide after school, summer and vacation employment to
minority and female youth both on the site and in other areas of
our workforce.
32. Itran
requirements
part 60-3.
Partners validates all tests and other selection
where there is an obligation to do so under 41 CFR
33. Itran Partners conducts, at least annually, an inventory and
evaluation of all minority and female personnel for promotional
opportunities and encourage these employees to seek or to prepare
for, through appropriate training, etc., such opportunities.
34. Itran Partners ensures that seniority practices, job
classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO
policy and Itran Partners obligations under these specifications
are being carried out.
35. Itran Partners ensures that all facilities and company
activities are non-segregated except that separate or single-user
toilet and necessary changing facilities are provided to assure
privacy between the sexes.
36. Itran Partners documents and maintains a record of all
solicitations of offers for subcontracts trom minority and female
construction contractors and female construction contractors and
suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
16 B 4 to'
DESIGNATED EEO OFFICER
AND EEO OFFICERIS DUTIES
Douglas McIntyre and Naomi Rodriguez EEO Officers for Itran
Partners Inc. are responsible for holding EEO meetings with all
employees 0 at the beginning of each job, advising them of their
rights under the Civil Rights Act of 1964 and that Itran Partners
INC. has adopted this policy as part of their overall company
policy.
To solicit minority employees through the use of Florida State
Employment Service local offices as well as any minority agencies
available locally, assigned by the Department of Transportation, as
well as use the local newspaper's Help Wanted section with EEO
advertisements.
To assist any person at any time who feels he or she is being
discriminated against because of race, sex, religion, color, age,
disability, national origin or veteran status.
To assure implementation of the above policy, Douglas E.
McIntyre and Naomi Rodriguez have been designated, in addition to
other duties, as Equal Employment Opportunity Officers of this
company. They may be reached at (239-597-2181 or (239) 580-9364~
Itran Partners, Inc
~e_ ~~
Douglas E. McIntyre
President
January 23/ 2009
, .
1684
Page 8 of 8
37. Itran Partners conducts a review, at least annually, of all
supervisors' adherence to and performance under Itran Partners's
EEO policies arid affirmative action obligations.
, l?, \.- ~ ~
Doug as E McIntyre
President
January 23, 2009
COMPLIANT OFFICES:
Florida Commission on Human Relations
325 JOHN KNOX ROAD, BLDG., F, STE. 240
Tallahassee, FI 32303-4102
1-800-342-8170
Regional Director
Office of Federal Contract Compliance
u. S. Department of Labor
61 Forsytah Street, S.W. Room 7B-75
Atlanata, Ga. 30303
1-404-562-2424
Florida Dept. of Transportation
Offic of Minority Programs
3717 Apalachee Parkway, Suite G
Tallahassee, Fl. 32302
1-850-921-7370
u.S. Federal Highway Administration
227 N. Bronough St., Room 2015
Tallahassee, Fl. 32301
1-850-942-9579
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
NC-'I:ICATION TO FOOT OF EEO OFFIC
275,0~6
EQUAL OPPORTil7 8 4
Mail signed original to: -
FOOT Equal Opportunity Office, 605 Suwannee Street-MS 65, Tallahassee, FI 32399-0450
Section 1: COMPANY IDENTIFICATION
1. Contractor Name: 2.. FEID No.:
ITran Partners Inc. 26-3291131
3. Home Office Mailing Address: (street) 4. Home Office Mailing Address: (city, State, Zip))
1895 Seward Ave., Suite 4 Naples, FL 34109
5. Main Phone Number: 6. Fax Number:
239-566-2664 239-566-2969
7. What is being I Initial EEO Officer Notice to FOOT I New Person Appointed I ADDointee Changed Name I Contact Data Changed
Changed? I [ ] Yes [1 No I DYes DNo I DYes DNo I r 1 Yes [ ] No
Section 2: EEO OFFICER IDENTIFICATION
8. Name of EEO Officer: ( first name, middle initial, last name) 9. EEO Officer's Working Title:
Naomi Rodriguez Asst. EEO Officer, Pavroll/Human Resourc
10. Work Address of EEO Officer: (Street) 11. Work Address of EEO Officer: (city, state, zip)
1910 Seward Ave. Naples, FL 34109
12. EEO Officer Phone Number: 13. EEO Officer Fax Number:
239-597-2181 239-597-1597
14. EEO Officer email address: naomir@betterroads.net
Section 3: SIGNATURE OF CORPORATE OFFICIAL
As required in the Equal Employment Opportunity Special Provisions included in Federally Funded
Highway Construction Contracts and as required in the Equal Employment Opportunity
Requirements included in all State funded highway construction contracts, this official notice of EEO
Officer appointment (and/or update) is made to the Florida Department of Transportation and the
U.S. Federal Highway Administration (FHWA). I understand that additional Information regarding the
EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may
be found in the EEO Construction Contract Compliance Workbook.
15. Appointing Official's Signature: 16. Date: (Mo/DaylYr.)
@; C<.' kJ)p Nov. 12, 2009
17. Official's Name;f(printell)j' / 18. Official's Title: (printed)
Daniel J. KetJJ Vice President
(This Section For FOOT Use) Section 4: Processing of Notification
19, Processed by: (First and Last Name) 20, Date Processed: (mo/day/yr)
DISTRIBUTION: Original to FOOT Central EO Office Files; Copy: Mailed to Contractor
UPDATE ACTION: Inout In EOR System
"""o,,gfoi B 4
State of Florida Department of Transportation
EEO Officer Notification
This form is used by contractors to communicate the appointment of an EEO Officer and to provide
EEO Officer Contact data. The form is also used to update that information in the event of new
appointees, name changes or contact data changes. Refer to the EEO Construction Contract
Compliance Workbook and the FOOT contract for compliance program requirements and instructions.
The contractor mails original of the completed form to
FOOT Equal Opportunity Office
605 Suwannee Street-MS 65
Tallahassee, FI 32399-0450
A copy of the form is returned to the contractor upon completion of processing by FOOT
General: Complete all boxes each time this form is submitted
Section 1: Proiect Identification
Box 1 Contractor Name - The name of the contractor.
Box 2 FEID No.- The contractor's Federal Identification Number
Box 3 - Home Office Mailing Address (Street) - The contractor's home office street
address; if the business' home office is outside of Florida, indicate the address of the Florida
Home Office.
Box 4- Home Office Mailing Address (City, State, Zip) - The contractor's home office city,
state and zip code; if the business' home office is outside of Florida, indicate the address of
the Florida Home Office.
Box 5 Main Phone No. - Area code and phone number contractor's main business phone
Box 6 Fax Number No. - Area code and phone number contractor's main fax
Box 7 What is Being Changed? - Mark 'Ves' or 'No" to indicate if this is the company's
initial submission of EEO Officer information; If a new person has been appointed as EEO
Officer, If the appointee of record had a name change, and if the appointee's contact data is
being updated.
Section 2: EEO Officer Identification
Box 8 Name of EEO Officer - First name, middle initial and last name of EEO Officer
Box 9 EEO Officer's Working Title - Job title if the EEO Officer has other duties (e.g.
Treasurer, Manager of Contract Services, etc)
Box 10 Work Address of EEO Officer (Street) - Address of EEO Officer's office
Box 11 Work Address of EEO Officer (City, State, Zip) - Address of EEO Officer's office
Box 12 EEO Officer Phone Number - Area code and phone number for EEO Officer
Box 13 EEO Officer Fax Number - Area code and fax number for EEO Officer
Box 14 EEO Officer email address - EEO Officer Email address
Section 3: Sianature of Corporate Official
Box 15 Appointing Official's Signature - Signature of Company Official responsible for
EEO Officer Appointment
Box 16 Date (Mo/DayNear) - Date appointing official signs this Notification form
Box 17 Official's Name (printed) - Printed first name and last name of person signing Box
15
Box 18 Official's Title (printed) - Printed title of person signing Box 15 (e.g. President,
CEO, etc)
Section 4: Processina of Notification
This section is completed by FDOT
Box 19 Processed by - First and last name of person processing the Notification
Box 20 Date Processed - Date processing is completed
1684
CONTRACTOR'S AFFIDAVIT
VEHICLE REGISTRATION
700-010-52
CONSTRUCTION
08/01
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
State: Florida
County: Collier
BEFORE ME, this day personally appeared
~fiN'i<"L
J. ~eLL-~
(Contra or's Name)
who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida, in
accordance with Section 320,
rro~"~~"~~
TYPED NAME: Daniel J. Kelly
POSITION: Vice President
COMPANY NAME: ITran Partners Inc.
COMPANY ADDRESS: 1895 Seward Ave., Ste. 4
Naples, FL 34109
/1 -- ':J - dUll (
Commission Expires
~~f/oy "Ve
~ "8,, ('"
::.~, ;
1'i'i'OF-F\.Oi!
Nolar,! Public Stene of f'IOfIda
Janna D'Mare
~.ily COnl'TI',Slon D0711581
Expires "0/0512011
Personally Known V OR Produced Identification
Type of Identification Produced
TO BE COMPLETED BY DOT PERSONNEL
BUDGET ITEM NUMBER:
FIN PROJECT NUMBER:
CONTRACT NUMBER:
, ,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CONSTRUCTION CONTRACTORS
BID OPPORTUNITY LIST
EQUAL loQNB~F~
02/08
Please complete and mail or fax to:
Equal Opportunity Office
605 Suwannee St., MS 65
Tallahassee, FL 32399-0450
TELEPHONE: (850) 414-4747
FAX: (850) 414-4879
This information may also be included in your bid or proposal package.
Prime Contractor/Consultant:
ITran Partners Inc.
AddresslTelephone Number: 1895 Seward Ave., Ste. 4, Naples, FL 34109 (239) 566-2664
Bid/Proposal Number: Bid No. 10-5376
Quote Submitted MMNR: 11/09
49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The
list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT-assisted contracts. The
list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT-assisted
projects, including both DBEs and nonwDBEs. For consulting companies this list must include all subconsultants
contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and
consultants must provide information for Nos.1, 2, 3 and 4 and should provide any information they have available on
Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Number: ,~2.:; 72. 77'S
2. Firm Name: Co'!'., , t T4c.o....,
3. Phone: '-I7~~'272--'i'B7'
4. Address: Po 8d~ j.1( i
D I.JJ ,~_ v!t 3 I OJ. 2.
6. D .d"BE
&' Non-DBE
7. D Subcontractor
D Subconsultant
8. Annual Gross Receipts
Q./ Less than $1 million
~ Between $1 w $5 million
D Between $5 - $10 million
D Between $10 - $15 million
D More than $15 million
5. Year Firm Established: Z. 00 I
1. Federal Tax ID Number:
2. Firm Name:
3. Phone:
4. Address:
6, D DBE 8. Annual Gross Receipts
D Non-DBE D Less than $1 million
D Between $1 - $5 million
D Between $5 - $10 million
7. D Subcontractor D Between $10 - $15 million
D Subconsultant D More than $15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6. D DBE 8. Annual Gross Receipts
2. Firm Name: D Non-DBE D Less than $1 million
3. Phone: D Between $1 - $5 million
4, Address: D Between $5 - $10 million
7. D Subcontractor D Between $10 - $15 million
D Subconsultant D More than $15 million
5. Year Firm Established:
1684
EXHIBIT Up"
DECLARATION OF DEBARMENT
The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy,
(known as "Debarment and Suspension") shall sign the appropriate declaration under this exhibit.
In doing so, the undersigned hereby declares that:
ITran Partners INc.
Name of Business
1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party
as defined under Section XXIX of the Collier County Purchasing Policy.
2. They are not nor have not been debarred or suspended by any public entity within the last
five (5) years of the date of this submission.
3. Signature of this declaration constitutes a material representation of fact upon which reliance
was placed when this submission was entered and evaluated. Further, should it
subsequently be determined that the signatory knowingly or unknowingly rendered an
erroneous declaration; the County shall reserve the right to reject the bid offer associated with
this declaration and/or suspend/debar the bidder/signatory.
4. They shall provide immediate written notice to the person to whom this proposal is submitted
if at any time they learn that its declaration was erroneous when submitted or has become
erroneous by reason of changed circumstances.
5. Should the proposed agreement be entered into, they shall not knowingly enter into any
subcontract or supplier agreement with a person or entity who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this agreement, unless
otherwise authorized by the Collier County Purchasing/General Services Director.
The bidder shall sign the appropriate declaration below and comply with any accompanying
requirements set forth therein:
(A) I hereby declare that my firm nor its principals is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any public agency.
Daniel J. Kelly, Vice President
Name(s) and Title(s) of Authorized Representative(s)
ITran Partners Inc.
Name of Busines
11 12 0
Date
(B) I am unable to declare that my firm is In compliance with one or more statements contained
within this declaration and I shall attach an explanation for determination by the Collier
County Purchasing Director.
Name(s) and Title(s) of Authorized Representative(s)
Name of Business
Authorized Signature(s)
Date
1-9
Revised 10-13-2009
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1684
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ANTI~IPATED DBE PARTICIPATION STATEMENT
LOCAL AGENCY PROGRAM
275-030-12
EQUAL OPPORTUNITY OFFICE
03/09
2. FDOT LAP AGREEMENT 3. LOCAL AGENCY
1. FDOT LAP AGREEMENT# CONTRACT 4. LOCAL AGENCY NAME
AMOUNT (PRIMEI#.
420885-1-58-01 Collier County BOCC
5. PRIME CONTRACTOR NAME 6. FEID NUMBER (PRIME CONTRACTOR)
ITran Partners Inc. 26-3291131
7. CONTRACT DOLLAR AMOUNT 8. FEID NUMBER (LOCAL AGENCY)
9. IS THE PRIME CONTRACTOR A FLORIDA YES 0 10. IS THE WORK OF THIS CONTRACT
CERTIFIED "DBE"? (DISADVANTAGED NO Qg CONSTRUCTION KJ OR MAINTENANCE D?OTHER
BUSINESS ENTERPRISE)
11. REVISION (Y/N)? N IF YES, REVISION#
12. ANTICIPATED DBE SUBCONTRACTS (BELOW):
PERCENT OF
DBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT
DOLLARS
A NONe
B
,
C
0
E
I
F 11A TOTAL DOLLARS TO 118 TOTAL PERCENT OF
DBE'S CONTRACT
-$&'6& -a:eeo/()
SECTION TO BE FILLED BY PRIME CONTRACTOR
13. NAME OF SUBMITTER 14.DATE 15. TITLE OF SUBMITTER
Daniel J. Kelly 11 /12/0c Vice President
16. EMAIL ADDRESS OF PRIME CONTRACTOR SUBMITTER I 18. PHONE NUMBER -
17. FAX NUMBER
dougm@itranpartners.com 239-566-2969 I 239-566-2664 --1-
SECTION TO BE FILLED BY LOCAL AGENCY
19. SUBMITTED BY 20.DATE 21. TITLE OF SUBMITTER
22. EMAIL ADDRESS OF SUBMITTER 23. FAX NUMBER 24. PHONE NUMBER
NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL FEDERALLY FUNDED FDOT
CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS.
THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION. FDOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY
OFFICE.
THE FOLLOWING SECTIONS ARE FOR FDOT LAP COORDINATOR USE
LAP COORDINATOR DATE TO EO OFFICE EXECUTED DATE (LAP EXECUTED DATE (BETWEEN PRECON. CONF DATE.
DIST NAME IELECTRONICALL YI AGREEMENTI LOCAL AGENCY AND PRIMEI
p "
1684
CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8
Notice to Prospective Federallv Assisted Construction Contractors
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-
assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal
Opportunity Clause.
2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which
are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the
forwarding of the following notice to prospective subcontractors for supplies and construction contracts
where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity
Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Notice to Prospective Subcontractors of Reauirements for Certification of Non-Seareaated Facilities
1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract
exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the
provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to
prospective subcontractors for supplies and construction contracts where the subcontracts exceed $1 0,000
and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making
false statements in offers is prescribed in 18 U.S.C. 1001.
CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction contractor/subcontractor certifies that she or he does not
maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or
he does not permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The federally-assisted construction contractor/subcontractor certifies
that she or he will not maintain or provide, for his employees, segregated facilities at any of his
establishments and that she or he will not permit his employees to perform their services at any location
under his control where segregated facilities are maintained. The federally-assisted construction
contractor/subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity
Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage
or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and
housing facilities provided for employees which are segregated by explicit directives or are, in fact,
segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any
other reason. The federally-assisted construction contractor/subcontractor agrees that (except where she
or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he
will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will
retain such certification' is files.
Daniel J. Kelly, Vice President
Printed Name
ITran Partners Inc.
Firm Name
9/2008
Form C-004
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Partial Name : ITran
as of 30-Nov-2009 8:38 AM EST
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Florida Profit Corporation
ITRAN PARTNERS INC.
Filing Information
Document Number P08000078688
FEIIEIN Number 263291131
Date Filed 08/25/2008
State FL
Status ACTIVE
Effective Date 08/25/2008
Principal Address
1910 SEWARD AVE.
NAPLES FL 34109
Mailing Address
1910 SEWARD AVE.
NAPLES FL 34109
Registered Agent Name & Address
BONNESS, JOSEPH D III
1910 SEWARD AVE.
NAPLES FL 34109
Officer/Director Detail
Name & Address
Title P
BONNESS, JOSEPH D III
1910 SEWARD AVE.
NAPLES FL 34109
TitleVP
KELLY, DANIEL J
1910 SEWARD AVE.
NAPLES FL 34109
Title S
BAILIE, KATHLEEN M
1910 SEWARD AVE.
NAPLES FL 34109
Annual Reports
Report Year Filed Date
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2009 04/27/2009
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04IV.1~_009 -- ANNUAL REPORT [
Oa!251200~t-- Domestl~ ProJ!1 [
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Note: This is not official record. See documents if question or conflict.
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Copyright and Privacy Policies
Copyright @ 2007 State of Florida, Department of State,
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCLdoc_nurnber=P08000078...11/30/2009
2009 FOR PROFIT CORF-, .{ATION ANNUAL REPORT
DOCUMENT# P08000078688
Entity Name: ITRAN PARTNERS INC,
FILED
Apr 27, 2009
Secretary of State
1684
Current Principal Place of Business:
New Principal Place of Business:
1910 SEWARD AVE.
NAPLES, FL 34109
Current Mailing Address:
New Mailing Address:
1910 SEWARD AVE.
NAPLES, FL 34109
FEI Number: 26-3291131
FEI Number Applied For ( )
FEI Number Not Applicable ( )
Certificate of Status Desired (X)
Name and Address of Current Registered Agent:
Name and Address of New Registered Agent:
BONNESS, JOSEPH 0 III
1910 SEWARD AVE.
NAPLES, FL 34109 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Date
Election Campaign Financing Trust Fund Contribution ( ).
OFFICERS AND DIRECTORS:
ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
Title:
Name:
Address:
City-5t-Zip:
P ( ) Delete
BONNESS, J05EPH D III
1910 SEWARD AVE.
NAPLES, FL 34109
Title:
Name:
Address:
City-st-Zip:
( ) Change ( ) Addition
Tille:
Name:
Address:
City-St-Zip:
VP ( ) Delete
KELLY, DANIEL J
1910 SEWARD AVE,
NAPLES, FL 34109
Tille:
Name:
Address:
City-St-Zip:
( ) Change ( ) Addition
Title:
Name:
Address:
City-5t-Zip:
5EC ( ) Delete
BAILIE, KATHLEEN M
1910 SEWARD AVE.
NAPLES, FL 34109
Tille:
Name:
Address:
City-5t-Zip:
5 (X) Change ( ) Addition
BAILIE, KATHLEEN M
1910 SEWARD AVE,
NAPLES, FL 34109
I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida
Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my
electron~c signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with an address, with all other like empowered.
SIGNATURE: DANIEL J. KELLY
Electronic Signature of Signing Officer or Director
VP
04/27/2009
Date
Contractor Certification Detr.' Page
p16<6J.t
"
COlli~J~~D?lUltyr I
I
Contractor Details
Class Code: 2010
ELECTRICAL CONTR.-
Class Description: CERTIFIED
Certification Number: 34214
Original Issue Date: 6/16/2009
Certification Status: ACTIVE
Expiration Date: 8/31/2010
County Comp Card:
State Number: EC 13004176
State Expiration Date: 8/31/2010
Doing Business As: ITRAN PARTNERS INC
Mailing Address: 1895 SEWARD AVE #4
NAPLES, FL 34109-
Phone: (239)566-2664
Fax: (239)566-2969
Back
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Site Map I Privacy Policy and Disclaimer I Website developed by Vision Internet
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11/30/2009
-1684
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with ITran Partners, Inc. ("Contractor") of 1910 Seward
Avenue, Naples, FL 34109 a Florida company, authorized to do business in the State of
Florida, to perform all work ("Work") in connection with Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road), Bid No.1 0-5376 ("Project"),
as said Work is set forth in the Plans and Specifications prepared by Agnoli Barber and
Brundage, the Engineer and/or Architect of Record ("Design Professional") and other
Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly
executed and issued addenda, Change Orders, Work Directive Changes, Field Orders
and amendments relating thereto. All of the foregoing Contract Documents are
incorporated by reference and made a part of this Agreement (all of said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: Two Hundred Forty Thousand Eight
Hundred Twenty Six Dollars ($240,826.00)
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form
prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of
GC-CA-13
1684
which are to be paid by Contractor. The Performance and Payment Bonds shall be
underwritten by a surety authorized to do business in the State of Florida and otherwise
acceptable to Owner; provided, however, the surety shall meet the requirements of the
Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority
as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies"
circular. This circular may be accessed via the web at www.fms.treas.Qov/c5701
570.html#certified. Should the Contract Amount be less than $500,000, the
requirements of Section 287.0935, F.S. shall govern the rating and classification of the
surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to
meet the requirements imposed by the Contract Documents, the Contractor shall, within
five (5) calendar days thereafter, substitute at its cost and expense another bond and
surety, both of which shall be subject to the Owner's approval.
Section 5. Contract Time and liquidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within ninety (90) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
thirty (30) calendar days after the date of Substantial Completion. Final Completion
shall occur when the Agreement is completed in its entirety, is accepted by the Owner
as complete and is so stated by the Owner as completed. As used herein and
throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's
duly authorized representative and shall mean the Division Administrator or Department
Director, as applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General. (Not Applicable To This Project)
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion
within the time specified above, as said time may be adjusted as provided for herein. In
such event, the total amount of Owner's damages, will be difficult, if not impossible, to
definitely ascertain and quantify. Should Contractor fail to achieve Substantial
Completion within the number of calendar days established herein, Owner shall be
entitled to assess, as liquidated damages, but not as a penalty, (N/A) for each calendar
day thereafter until Substantial Completion is achieved. Further, in the event
Substantial Completion is reached, but the Contractor fails to reach Final Completion
GC-CA-14
1684
within the required time period, Owner shall also be entitled to assess and Contractor
shall be liable for all actual damages incurred by Owner as a result of Contractor failing
to timely achieve Final Completion.
The Project shall be deemed to be substantially completed on the date the Project
Manager (or at his/her direction, the Design Professional) issues a Certificate of
Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of the Owner's actual damages at the time of contracting if
Contractor fails to Substantially or Finally Complete the Work within the required time
periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude
the first day and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day shall be omitted from the computation, and the last day
shall become the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days
or working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding
anything herein to the contrary, Owner retains its right to liquidated damages due under
this Agreement even if Contractor, at Owner's election and in its sole discretion, is
allowed to continue and to finish the Work, or any part of it, after the expiration of the
Contract Time including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and
Owner elects to complete the Work, in whole or in part, through another contractor or its
own forces, the Contractor and its surety shall continue to be liable for the liquidated
damages under the Agreement until Owner achieves Substantial and Final Completion
of the Work. Owner will not charge liquidated damages for any delay in achieving
Substantial or Final Completion as a result of any unreasonable action or delay on the
part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed
in its entirety all of the Work and the Owner has accepted all of the Work and notified
the Contractor in writing that the Work is complete. Once the Owner has approved and
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
GC-CA-15
1684
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third
party as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from
Contractor any other non-delay related damages that may be owed to it arising out of or
relating to this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and
made a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions LAP FUNDED
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Agnoli Barber & Brundage
and identified as follows: Everglades City Lighting Collier
Avenue (Copeland Ave to Riverview Road)
as shown on Plan Sheets 1 through 10.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
John Miller, Project Manager
Traffic Operations
2885 S. Horseshoe Drive/Naples Florida 34104
(239) 252-8192
johnmiller@colliergov.net
Michael Greene, Planning Manager
Transportation Planning
2885 S. Horseshoe Drive/Naples, Florida 34104
(239) 252-8192
michaelgreene@colliergov.net
GC-CA-16
1684
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-
mail or Facsimile, addressed to the following:
ITran Partners, Inc.
1895 Seward Avenue, Suite 4, Naples, FL 34109
239/566-2664 Telephone, 239/566-2969 Fax
Daniel J. Kelly, V.P.
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it
has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida
Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity in excess of the threshold amount
provided in s. 287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure
to the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or
more of the provisions of the Agreement shall not be construed to be and shall not be a
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
GC-CA-17
1684
waiver of any such provision or provisions or of its right thereafter to enforce each and
every such provision.
Section 13. Entire Aareement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no
other agreement or understanding of any nature concerning the same has been entered
into or will be recognized, and that all negotiations, acts, work performed, or payments
made prior to the execution hereof shall be deemed merged in, integrated and
superseded by the Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Chanae Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided
for under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be
construed against the party who physically prepared this Agreement. The rule
sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in
a contractual term which appears on its face to have been inserted for the benefit of one
of the parties shall be construed against the benefited party) shall not be applied to the
construction of this Agreement.
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Construction Agreement and the General Terms and
Conditions shall take precedence over the terms of all other Contract Documents,
except the terms of any Supplemental Conditions shall take precedence over the
Construction Agreement and the General Terms and Conditions. To the extent any
conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Construction Agreement and the General Terms
and Conditions, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
GC-CA-18
1684
IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
TWO WITNESSES: !J '~ By'.
FIRS&ts./P( /MtL<<.
/JIJ ~ jL1;4 ~ I 'It( ;HL;;
/ T ype/Print Name
~c~~
SECOND WITNESS
;Vtt'c- h4 J f;Vec.-,/t-r
Type/Print Name
Date:
-z l24 \ 10
Print Name:
Ae.!bldrft Cou
~-'7
GC-CA-19
CONTRACTOR:
BY: ~W. ~
Fred W. Coyle, Cha an
ltem# ~
Agenda ffiitO
oate
.~
~to
1684
p~omCPjlqfE OP
(]!VCJ3LIC cO:J{Srr~VCI1o:J{
CPjl rt:MtEm CJ30:J{CJ)
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05, FLORIDA STATUTES, AND ANY
ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION
255.05(2), Florida Statutes
BOND NO. 8974926
CONTRACTOR:
ITran Partners, Inc.
POBox 8929
Naples, FL 34101
239-566-2664
SURETY:
Fidelity and Deposit Company of Maryland
1400 American Ln, Tower 1
Schaumburg II 60196
847-605-6000
AGENT:
Lykes Insurance, Inc.
Construction Services Division
400 North Tampa Street, Suite 2200
Tampa FL 33602
(813) 223-3911
OBLIGEE:
The Board of County Commissioners of Collier County FL
3301 Tamiami Trail East, ,
Naples FL 34112
239-252-8192
CONTRACT
BOND AMOUNT:
$240,826.00
CONTRACT DATE:
PROJECT:
Everglades City Lighting, Bid No. 10-5376
Collier Avenue - Copeland Avenue to Riverview Rd
EXPERIENCE the POWER of PARTNERSHIP
Lf!t.CI,!.
1684
EXHIBIT A
PUBLIC PAYMENT BOND
Everglades City Lighting
(Collier Avenue - Copeland Avem~e to Riverview Road)
Bond No. 8974926
Contract No. 10-5376
KNOW ALL MEN BY THESE PRESENTS: That
1895 Seward Ave, #4 Naples FL 34101
and Fidelity and Deposit Company of Maryland
Surety, located at 1400 American Ln. Tower 1 Schaumburg 1160196
(Business Address) are held and firmly bound to Board of County Commissioners of Collier County FL
as Obligee in the sum of Two Hundred Forty Thousand Eight Hundred Twenty-six and no cents US Dollars
($ 240,826.00--------- ) for the payment whereof we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
lTran Partners, Inc.
, as Principal,
, as
WHEREAS, Principal has entered into a contract dated as of the _ day of
2010 2&0lJ. with Obligee for Everglades City Lighting, Bid No. 10-5376
in Collier county in accordance with drawings and specifications, which
contract is incorporated by reference and made a part hereof, and is referred to herein
as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida
Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly
by Principal in the prosecution of the work provided for in the Contract, then this bond is
void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In
no event will the Surety be liable in 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 February, 2010 ~~Hhe name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
Bond No. 8974926
Bid No. 10-5376, Everglades City Lighting
1684
ITran Partners, Inc.
Signed, sealed and delivered
in the presence of:
M
~.~?Jt
Witnesses as to Principal
PRINCIPAL
,
BY:
NAME:
ITS:
STATE OF Florida
COUNTY OF f!JuJ ~
The foregoing instrument was acknowledged before m7J this t}th day of ~~/i1U/
20~, by ~~h )). &In/le. s;s . as /,,e.e5;))~A/r {;if
ITran Partners, Inc. , a florida corporation, on behalf of the
corporation. He/she ijl personally known to me _ OR has produced as
identificationand did (did not) take an oath. -b . () J
My Commission Expires: I~ .- 5"";2.4 1/ ;_ .M ~
(S19 ture of Notary)
DtJttltJlf- 1/ M ~
(Legibly Printed)
~...9-' PI./Q Notarv Public State of Florida
R ,~ Oonn~ DiMare
;..~ .. i My Commission 00711581
~~OF'f\.O~'. Expires 10/05/2011
ME:
(AFFIX OFFICIAL SEAL)
Notary Public, State of r~~''6~
Commission No.: /'::>1:> '11/S-~ /
SURETY:
ATTEST:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln, Tower I
Schaumburg IL 60196
(Business Address
N/A
N/A
(Authorized Signature)
(Printed Name)
Witnesses to Surety
GC-CA-A-2
Bond NO. 8974926
Bid No. 10-5376 Everglades City Lighting
1684
~S~~
~<2
OR
~~
As Attorney in Fact and Florida Licensed
(Attach Power of Attorney) Resident Agent
Eileen C. Heard
(Printed Name)
Lykes Insurance Inc.
400 N. Tampa St #2200
Tampa FL 33602
(Business Address)
813 223-3911
(Telephone Number)
STATE OF Florida
COUNTY OF HiIIshorough
The foregoing instrument was acknowled
February, 2010 , ~9, by Eileen C. He d
Attorney-in-fact & FL Licensed Resident Agent of Fi lit an D osit Com an
Surety, on behalf of Surety. He/She is p rsona y
KNOWN a i
take an oath.
My Commission Expires:
this .l.!L day of
, as
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-3
1684
EXHIBIT A
PUBLIC PERFORMANCE BOND
Everglades City Lighting
(Collier Avenue - Copeland Avenue to Riverview Road)
Bond No. 8974926
Contract No. 10-5376
KNOW ALL MEN BY THESE PRESENTS: That
Naples FL 34112 , as Principai, and
as
,
1400 American Ln, Tower 1, Schaumburg IL 60196
ITran Parmers, Inc., 1895 Seward Ave #4
Fidelity and Deposit Comoany of Maryland
Surety, located
at
(Business Address) are held and firmly bound to
The Board of County Commissioners of Collier County FL I as Obligee in the sum of
Two Hundred Forty Thousand Eil!ht Hundred Twenty-six l!nd no cents------US DOLLARS
($140 R1() 00---------- ) 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
2010 ~ooe, with Obligee
Everglades City Lighting, Bid No. 10-5376 (Collier Avenue - Copeland Ave to Riverview Rd)
in accordance with drawings and specifications, which contract is incorporated by
reference and made a part hereof, and is referred to herein as the Contract.
day of
for
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 Obligee any and all losses, damages, costs and attorneys' fees that
Obligee sustains because of any default by Principal under the Contract, including. but
not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full
force. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the Contract or 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, alterations or additions to the terms of the Contract or to work or to
the specifications.
GC-CA-A-4
Bond No. 8974926
Bid No. 10-5376 Everglades City Lighting
1684
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 Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this
day of February, 2010 ('x2009f 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 th resence of:
PRINCIPAL
Joseph D. Bonness
President
BY:
NAME:
ITS:
STATE OF Florida
COUNTY OF fJb/...-~i~ /C
T~. he foregoing instrum~t.,ow. as acknoV{ledgxd before
. ~ ' 2009,:oy _-::ro5o/,.A D. ~n(Jt?.~5
;e.e,>. .' r- of ITran Partners, Inc.
Florida corporation, on behalf of the corporation.
personally known to me _ OR has produced
as identification and did
me this .i!!: day of
, as
, a
He/she is
- --
o,..~y Pv~" Notary Public State of Florida
'If \~ <' Donna DiMare
;..,. i My Commission 00711581
...,..~ 0, ,\.0"" Explles 10/05/201'1
I not) take a'}1'ath.
Yt'L
(Signrture) . \. '/ _
Name: 66JAl,.{}.4 /)1 /VJ/IIC&
(Legibly Printed)
Notary Public, State of: &Jt!A'l>rl-
Commission No.: 'bb'7// S-r<- /
My Commission Expires:
(AFFIX OFFICIAL SEAL)
GC-CA-A-5
Bond No. 8974926
Bid No. 105376 Everglades City Lighting
16B4
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Ln Tower 1
Schaumburg IL 60196
(Business Address)
N/A
(Authorized Signature)
N/A
Witnesses as to Surety
(Printed Name)
~s+
~
Witnesses
OR
c-/
-c--- ~
As Attorney in Fact and Florida Licensed Resident Agent
(Attach Power of Attorney)
Eileen C. Heard
(Printed Name)
Lykes Insurance
400 N Tampa St #2200
Tampa FI 33602
(Business Address)
813-223-3911
(Telephone Number)
STATE OF Florida
COUNTY OF Hillsborough
My Commission Expires:
(AFFIX OFFICIAL SEAL)
Notary Public, State of:
Commission No.:
GC-CA-A-6
1684
.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~ /),~
By:
Assistant Secretary David S. Hewett
J)42.V
Eric D. Barnes
Vice President
State of Maryland }SS'
City of Baltimore .
On this 24th day of July, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came DAVID S. HEWETT, Vice President, and' ERIC D. BARNES, Assistant Secretary ofthe
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
",\\~~'I.~'t1"I;
(!~i~t~i)
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Constance A. Dunn Notary Public
My Commission Expires: July 14,2011
POA-F 031-3055
16B4
I
I
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal ofthe Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
daYOf~_
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this
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Assistant Secretary
EXHIBIT B
INSURANCE REQUIREMENTS
1684
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly
authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall
procure and maintain property insurance upon the entire project, if required, to the full insurable value of the
scope of work.
The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insurance provided herein, except such rights as they may have to the proceeds of such insurance. The
Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate
Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in
their contracts.
Collier County shall be responsible for purchasing and maintaining its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on
behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier
County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain
a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate
Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
The amounts and types of insurance coverage shall conform to the minimum requirements set forth in
EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If
Vendor has any self-insured retentions or deductibles under any of the below listed minimum required
coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured
retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage~ shall be maintained without interruption from the date of commencement of the Work until the
date of completion and acceptance of the scope of work by the County or as specified in this solicitation...
whichever is longer.
The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the
County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation,
non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing
contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the
aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have
the aggregate limit reinstated to the full extent permitted under such policy.
GC-CA-B-1
1684 '~
Should at any time the Vendor not maintain the insurance coverage~ required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageOO and charge
the Vendor for such coverageOO purchased. If Vendor fails to reimburse the County for such costs within thirty
(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this
Agreement or any other agreement between the County and Vendor. The County shall be under no obligation
to purchase such insurance, nor shall it be responsible for the coverageOO purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverageOO shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than
ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County
with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
GC-CA-B-2
Insurance! Bon.dType
1. ~ Worker's
Compensation
2. ~ Employer's Liability
3. ~ Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. ~ Indemnification
4. ~ Automobile Liability
Collier County Florida
Insurance and Bonding Requirements
1684
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$500,000 single limit per occurrence
Bodily Injury and Property Damage
$1,000,000 single limit per occurrence
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
$ 1,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. D Other insurance as D Watercraft
noted:
6. ~ Bid bond
$
Per Occurrence
D United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
D Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$
Per Occurrence
D Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
D Pollution
$
$
Per Occurrence
Per Occurrence
D Professional Liability $
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
Per Occurrence
D Project Professional Liability
D Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
GC-CA-B-3
16B4
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ~ Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award, and written for 100% of the
Contract award amount, the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by AM. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ~ Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is
required to meet. The same Vendor shall provide County with certificates of insurance meeting the required
insurance provisions.
9. ~ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required.
1 O. ~ Collier County Board of County Commissioners shall be named as the Certificate Holder and the
certificate must read "For any and all work performed on behalf of Collier County.
NOTE: The "Certificate" should read as follows:
. For any and all work performed on behalf of Collier County.
. Collier County Board of County Commissioners, Naples, Florida
No County Division, Department or individual name should appear on the Certificate.
11. ~ Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this solicitation.
Name of Firm
Date
Vendor Signature
Print Name
Insurance Agency
Agent Name
Telephone Number
GC-CA-B-4
1684
/"""'It
ACORD'
~
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
02/05/2010
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
, Marsh
3031 N. Rocky Point Drive, Suite 700
Tampa, FL 33607
Attn: P (813) 207-5100 F (813) 207-5190
1 01266-ITRAN-Cas-09-1 0
f-.._--
, INSURED
I INSURERS AFFORDING COVERAGE
--!-
i INSURER A Travelers Property Casualty Company Of
INSURER B Everest National Insurance CO
INSURER C N/A
, NAIC#
-r----~--~
i25674
I
10120
N/A
!
ITRAN Partners, Inc.
1895 Seward Avenue, Suite 4
Naples, FL 34109
INSURER D
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
2
INS~ ADD'L TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLICY EXPlRA TION LIMITS
'LTRIINSRD DATE (MMIODIYYYY) DATE (MM/DDIYYYY]
A GENERAL LIABILITY VT J EXGL 5800B671 06/01/2009 06/01/2010 EACH OCCURRENCE ,:Ii 750,000
~.'''''' G'''~' '''''"u~ DAMAGE TO RENTED $ 500,000
PREMISESIEa occurrence)
- CLAIMS MADE [R] OCCUR MED EXP (Anyone person) $
X SIR: $250.000 PERSONAL & ADV INJURY $ 750,000
-~ ~------_.~~--~_..- GENERAL AGGREGATE $ 2,000,000
GENERAL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGC $ 2,000,000
PRO-
.X POLICY JECT LOC
A AUTOMOBILE LIABILITY VTC2J CAP 5800B683 I 06/01/2009 06/01/2010 COMBINED SINGLE LIMIT
$ 2,000,000
'~ ANY AUTO ! (Ea accident)
L~ ALL OWNED AUTOS BODILY INJURY $
'1 """"" '''0' (Per person)
HIRED AUTOS I BODILY INJURY $
I
NON-OWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
ri--- (Per accident)
!
I GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
I $ ---_..-.--
o ANY AUTO I OTHER THAN EA ACC
~l AUTO ONLY $
i AGG
I B I , EXCESS / UMBRELLA LIABILITY 71 C1 0001117091 06/01/2009 06/01/2010 EACH OCCURRENCE $ 5,000,000
'X OCCUR CLAIMS MADE AGGREGATE $ 5,000,000
$
~~l DEDUCTIBLE $
, RETENTION $ Iq:
A WORKERS COMPENSATION AND VTC20 UB 5800B66A 06/01/2009 06/01/2010 X IT~JT~I,~;, I iOJ~-
EMPLOYERS' LIABILITY $ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? I -- -~------
N I L. DISEASE - EA EMPLOYEE $ 1,000,000
, kMandatory in NH~ If yes, describe under L. DISEASE. POLICY LIMIT $ 1,000,000
, PECIAL PROVI IONS below
A I OTHER Auto Physical Damage VT J BAP 5800B695 06/01/2009 06/01/2010 Comp/Collision Deductible:
2004 vehicles or newer: $5,000
, 20,000 Ibs or heavier: $10,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Project: Evergaldes City Lighting Collier Ave. (Copeland Ave. to Riverview Road); Collier Co. Bid No. 10-5376: FPID 420885-1-58-01
Collier County Board of County Commissioners is included as Additional Insured where required by written contract or agreement with respect to General
Liability.
CERTIFICATE HOLDER
A TL -002109860-01
CANCELLATION
Collier County Board of
County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER,
A~l""~~l,EBgl'i~~ENTA TlVE
Erica Connick
OR
REPRESENTATIVES.
6......u.c.'~
ACORD 25 (2009/01)
@ 1998-2009 ACORD CORPORATION. All Rights Reserved
The ACORD name and logo are registered marks of ACORD
1684
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009/01)
1684
of
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 , 2009 for the period from
to , excluding all retainage withheld and any pending claims or
disputes as expressly specified as follows:
(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) To the maximum extent permitted by law, 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
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of , 2009, by
, as of I 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.:
GC-CA-C-1
1684
EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Bid No.
Project No.
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 Price: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
and stored to Date $
Less Retainage $
Total Earned Less Retainage $
Less previous payment (s) $
AMOUNT DUE THIS
APPLICATION: $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
Percent Work completed to Date:
Percent Contract Time completed to Date
Liquidated Damages to be Accrued $
Remaining Contract Balance $
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; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and
CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that
has not been properly approved by Owner in writing and in advance of such Work.
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)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount...........................................................$
Sum of previous Change Orders Amount....................................... $
This Change Order Amount ........................................................... $
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Approved by:
Date:
Contractor
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Purchasing Department
Authorized by
Director
Date:
(For use by Owner: Fund
Numbe~ )
Cost Center:
Object Code:
Project
GC-CA-E-5
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EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional'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
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which 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
requirements of 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.
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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
,2009
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2009
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2009
OWNER
By:
Type Name and Title
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EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.:
Contractor:
The following items have been secured by the
for the Project known as
Date:
,2009
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If NO is checked for any of the above, attach
If any of the above is not applicable, indicate by N/A.
explanation.
Acknowledgments:
By Contractor:
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
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EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete
Project (or portion thereof) to be constructed in accordance with the Contract
Documents. Any work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended result shall be
supplied whether or not specifically called for. When words which have a well known
technical or trade meaning are used to describe work, materials or equipment, such
words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association or
to the laws or regulations of any governmental authority having jurisdiction over the
Project, whether such reference be specific or by implication, shall mean the latest
standard specification, manual, code, law or regulation in effect at the time the Work is
performed, except as may be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict,
error or discrepancy in the Contract Documents, Contractor immediately shall report
same to the Project Manager in writing and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification from the Project Manager;
said interpretation or clarification from the Project Manager may require Contractor to
consult directly with Design Professional or some other third party, as directed by
Project Manager. Contractor shall take field measurements and verify field conditions
and shall carefully compare such field measurements and conditions and other
information known to Contractor with the Contract Documents before commencing any
portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the
event of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with
any portion of the Work to make a complete, serviceable, finished and first quality
installation shall be furnished and installed as part of the Work, whether or not called for
by the Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of
satisfying itself concerning the nature and location of the Work and the general and
local conditions, and particularly, but without limitation, with respect to the following:
those affecting transportation, access, disposal, handling and storage of materials;
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availability and quality of labor; water and electric power; availability and condition of
roads; work area; living facilities; climatic conditions and seasons; physical conditions at
the work-site and the project area as a whole; topography and ground surface
conditions; nature and quantity of the surface materials to be encountered; subsurface
conditions; equipment and facilities needed preliminary to and during performance of
the Work; and all other costs associated with such performance. The failure of
Contractor to acquaint itself with any applicable conditions shall not relieve Contractor
from any of its responsibilities to perform under the Contract Documents, nor shall it be
considered the basis for any claim for additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and
utility services above, upon, or under the Project site, said roadways, railways, drainage
facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities".
Contractor shall contact the owners of all Utilities to determine the necessity for
relocating or temporarily interrupting any Utilities during the construction of the Project.
Contractor shall schedule and coordinate its Work around any such relocation or
temporary service interruption. Contractor shall be responsible for properly shoring,
supporting and protecting all Utilities at all times during the course of the Work. The
Contractor is responsible for coordinating all other utility work so as to not interfere with
the prosecution of the Work (except those utilities to be coordinated by the Owner as
may be expressly described elsewhere in the Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract
Documents or (ii) unknown physical conditions of an unusual nature, which differ
materially from those ordinarily found to exist and generally recognized as inherent in
construction activities of the character provided for in the Contract Documents, and
which reasonably should not have been discovered by Contractor as part of its scope of
site investigative services required pursuant to the terms of the Contract Documents,
then Contractor shall provide Owner with prompt written notice thereof before conditions
are disturbed and in no event later than three (3) calendar days after first observance of
such conditions.
Owner and Design Professional shall promptly investigate such conditions and, if they
differ materially and cause an increase or decrease in Contractor's cost of, or time
required for, performance of any part of the Work, Owner will acknowledge and agree to
an equitable adjustment to Contractor's compensation or time for performance, or both,
for such Work. If Owner determines that the conditions at the site are not materially
different from those indicated in the Contract Documents or not of an unusual nature or
should have been discovered by Contractor as part of its investigative services, and that
no change in the terms of the Agreement is justified, Owner shall so notify Contractor in
writing, stating its reasons. Claims by Contractor in opposition to such determination by
Owner must be made within seven (7) calendar days after Contractor's receipt of
Owner's written determination notice. If Owner and Contractor cannot agree on an
adjustment to Contractor's cost or time of performance, the dispute resolution procedure
set forth in the Contract Documents shall be complied with by the parties.
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3. SCHEDULE.
3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the
prior approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall
submit to Project Manager, for their review and approval, a schedule of values based
upon the Contract Price, listing the major elements of the Work and the dollar value for
each element. After its approval by the Project Manager, this schedule of values shall
be used as the basis for the Contractor's monthly Applications for Payment. This
schedule shall be updated and submitted each month along with a completed copy of
the Application for Payment form signed by the Contractor's authorized representative
and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall
provide to the Project Manager the list of its Subcontractors and materialmen submitted
with its Bid showing the work and materials involved and the dollar amount of each
subcontract and purchase order. Contractor acknowledges and agrees that any
modifications to the list of Subcontractors submitted with Contractor's Bid and any
subsequently identified Subcontractors are subject to Owner's prior written approval.
The first Application for Payment shall be submitted no earlier than thirty (30) days after
the Commencement Date. Notwithstanding anything herein to the contrary, if approved
by Owner in its sole discretion, Contractor may submit its invoice for any required
Payment and Performance Bonds prior to the first Application of Payment provided that
Contractor has furnished Owner certified copies of the receipts evidencing the premium
paid by Contractor for the bonds.
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4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered
and suitably stored at the site or at another location, and such payment and storage
have been agreed to by Owner in writing, the Application for Payment also shall be
accompanied by a bill of sale, invoice or other documentation warranting that the Owner
has received the materials and equipment free and clear of all liens, charges, security
interests and encumbrances, together with evidence that the materials and equipment
are covered by appropriate property insurance and other arrangements to protect
Owner's interest therein, all of which shall be subject to the Owner's satisfaction.
Thereafter, with each Application for Payment, Contractor also shall complete and
submit to Owner as part of its Application for Payment, the Stored Materials Record
attached hereto and made a part hereof as Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to
the Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments
of proper invoices in the amounts approved shall be processed and paid in accordance
with Section 218.735, F.S. and the administrative procedures established by the
County's Purchasing Department and the Clerk of Court's Finance Department
respectively.
In the event of a total denial by Owner and return of the Application for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of
an Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly
payment request or ten percent (10%) of the portion thereof approved by the Project
Manager for payment, whichever is less. Such sum shall be accumulated and not
released to Contractor until final payment is due unless otherwise agreed to by the
Owner in accordance with Florida Statute 255.078. The Project Manager shall have the
discretion to establish, in writing, a schedule to periodically reduce the percentage of
cumulative retainage held through out the course of the Project schedule. Owner shall
reduce the amount of the retainage withheld on each payment request subsequent to
fifty percent (50%) completion subject to the guidelines set forth in Florida Statute
255.078 and as set forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
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4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C,
acknowledging Contractor's receipt of payment in full for all materials, labor, equipment
and other bills that are then due and payable by Owner with respect to the current
Application for Payment. Further, to the extent directed by Owner and in Owner's sole
discretion, Contractor shall also submit a Release and Affidavit from each
Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C
acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in
full through the previous month's Application for Payment. The Owner shall not be
required to make payment until and unless these affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting
its first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of
the Work shall modify the time of payments to Contractor as set forth in the approved
Project Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work
required of it under this Agreement pending resolution of the dispute provided that
Owner continues to pay Contractor all amounts that Owner does not dispute are due
and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
inspections that reveal non-compliance with the Contract Documents. The Project
Manager may nullify the whole or any part of any approval for payment previously
issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
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however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense.
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20.1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
final Application for Payment. Neither the acceptance of the Work nor payment by
Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of
Contractor hereunder or to the recovery of damages for defective Work not discovered
by the Design Professional or Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements
for approval of materials to be submitted such as shop drawings, data, test results,
schedules and samples. Contractor shall submit all such materials at its own expense
and in such form as required by the Contract Documents in sufficient time to prevent
any delay in the delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted,
materials or equipment of other suppliers may be accepted by Owner if sufficient
information is submitted by Contractor to allow the Owner to determine that the material
or equipment proposed is equivalent or equal to that named. Requests for review of
substitute items of material and equipment will not be accepted by Owner from anyone
other than Contractor and all such requests must be submitted by Contractor to Project
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Manager within thirty (30) calendar days after Notice of Award is received by
Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified. The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
the Project Manager to determine that the substitute proposed is equivalent to that
indicated or required by the Contract Documents. The procedures for submission to
and review by the Project Manager shall be the same as those provided herein for
substitute materials and equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to
furnish at Contractor's expense a special performance guarantee or other surety with
respect to any substitute. The Project Manager will record time required by the Project
Manager and the Project Manager's consultants in evaluating substitutions proposed by
Contractor and making changes in the Contract Documents occasioned thereby.
Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse
Owner for the charges of the Design Professional and the Design Professional's
consultants for evaluating each proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to
Project Manager on a weekly basis a daily log of the Contractor's work for the preceding
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week in a format approved by the Project Manager. The daily log shall document all
activities of Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during
work hours, the amount of precipitation received on the Project site, and any other
weather conditions which adversely affect the Work;
8.1.2
8.1.3
personnel;
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
Soil conditions which adversely affect the Work;
The hours of operation by Contractor's and Sub-Contractor's
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1.6 Description of Work being performed at the Project site;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents, including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services. All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces). The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference. Upon completion of the Work and as a condition precedent
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to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the 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.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. 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.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
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10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of 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 written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the
requested change, Contractor shall, nevertheless, promptly perform the change as
directed by Owner in a written Work Directive Change. In that event, the Contract
Amount and Contract Time shall be adjusted as directed by Owner. If Contractor
disagrees with the Owner's adjustment determination, Contractor must make a claim
pursuant to Section 11 of these General Conditions or else be deemed to have waived
any claim on this matter it might otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount,
the amount of the increase shall be limited to the Contractor's reasonable direct labor
and material costs and reasonable actual equipment costs as a result of the change
(including allowance for labor burden costs) plus a maximum ten percent (10%) markup
for all overhead and profit. In the event such change Work is performed by a
Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all
Subcontractors' and sub-subcontractors' direct labor and material costs and actual
equipment costs shall be permitted, with a maximum five percent (5%) markup thereon
by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen
percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item.
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10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim. Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim. All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If
the Contractor fails to send the above required forty-eight (48) hour notice, the
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Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs,
including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether
resulting from any claimed breach of this Agreement by Contractor or from personal
injury, property damage, direct or consequential damages, or economic loss, to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the
Contractor, Owner and any indemnified party. The duty to defend arises immediately
upon presentation of a claim by any party and written notice of such claim being
provided to Contractor. Contractor's obligation to indemnify and defend under this
Article 13 will survive the expiration or earlier termination of this Agreement until it is
determined by final judgment that an action against the Owner or an indemnified party
for the matter indemnified hereunder is fully and finally barred by the applicable statute
of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to
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the Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act,
Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are
at variance therewith, it shall promptly notify Project Manager in writing. To the extent
any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain
terms in this Agreement in order for this Agreement to be enforceable, such terms shall
be deemed included in this Agreement. Notwithstanding anything in the Contract
Documents to the contrary, it is understood and agreed that in the event of a change in
any applicable laws, ordinances, rules or regulations subsequent to the date this
Agreement was executed that increases the Contractor's time or cost of performance of
the Work, Contractor is entitled to a Change Order for such increases, except to the
extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
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.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
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or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under
the Contract Documents within the time specified herein; or (2) fails to properly and
timely perform the Work as directed by the Project Manager or as provided for in the
approved Progress Schedule; or (3) performs the Work unsuitably or neglects or
refuses to remove materials or to correct or replace such Work as may be rejected as
unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails
to resume Work which has been suspended within a reasonable time after being
notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act
of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more
than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to
obey any applicable codes, laws, ordinances, rules or regulations with respect to the
Work; or (10) materially breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer
period of time as may be consented to by Owner in writing and in its sole discretion,
then Owner, at its option, without releasing or waiving its rights and remedies against
the Contractor's sureties and without prejudice to any other right or remedy it may be
entitled to hereunder or by law, may terminate Contractor's right to proceed under the
Agreement, in whole or in part, and take possession of all or any portion of the Work
and any materials, tools, equipment, and appliances of Contractor, take assignments of
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any of Contractor's subcontracts and purchase orders, and complete all or any portion
of Contractor's Work by whatever means, method or agency which Owner, in its sole
discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that
it shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other
direct and indirect expenses (including Design Professional and attorneys' fees) or
damages incurred by Owner incident to such completion, shall be deducted from the
Contract Amount, and if such expenditures exceed the unpaid balance of the Contract
Amount, Contractor agrees to pay promptly to Owner on demand the full amount of
such excess, including costs of collection, attorneys' fees (including appeals) and
interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of
the Contract Amount exceeds all such costs, expenditures and damages incurred by the
Owner to complete the Work, such excess shall be paid to the Contractor. The amount
to be paid to the Contractor or Owner, as the case may be, shall be approved by the
Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and
obligations assumed by Owner in good faith under the belief that such payments or
assumptions were necessary or required, in completing the Work and providing labor,
materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in
settlement, discharge or compromise of any claims, demands, suits, and judgments
pertaining to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days
through no act or fault of the Contractor or its Subcontractors or their agents or
employees or any other persons performing portions of the Work under contract with the
Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving
written notice to Owner of Contractor's intent to terminate this Agreement. If Owner
does not cure its default within fourteen (14) days after receipt of Contractor's written
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notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner,
terminate the Agreement and recover from the Owner payment for Work performed
through the termination date, but in no event shall Contractor be entitled to payment for
Work not performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon
seven (7) calendar days written notice to Contractor. In the event of such termination
for convenience, Contractor's recovery against Owner shall be limited to that portion of
the Contract Amount earned through the date of termination, together with any
retainage withheld and reasonable termination expenses incurred, but Contractor shall
not be entitled to any other or further recovery against Owner, including, but not limited
to, damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension.
If all or any portion of the Work is so suspended, Contractor's sole and exclusive
remedy shall be to seek an extension of time to its schedule in accordance with the
procedures set forth in the Contract Documents. In no event shall the Contractor be
entitled to any additional compensation or damages. Provided, however, if the ordered
suspension exceeds six (6) months, the Contractor shall have the right to terminate the
Agreement with respect to that portion of the Work which is subject to the ordered
suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the
entire Work (or such designated portion) is substantially complete. Within a reasonable
time thereafter, Owner, Contractor and Design Professional shall make an inspection of
the Work (or designated portion thereof) to determine the status of completion. If
Owner, after conferring with the Design Professional, does not consider the Work (or
designated portion) substantially complete, Project Manager shall notify Contractor in
writing giving the reasons therefor. If Owner, after conferring with the Design
Professional, considers the Work (or designated portion) substantially complete, Project
Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion
which shall fix the date of Substantial Completion for the entire Work (or designated
portion thereof) and include a tentative punch-list of items to be completed or corrected
by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of
Substantial Completion, but Owner shall allow Contractor reasonable access to
complete or correct items on the tentative punch-list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and
acceptance, Project Manager and Design Professional will make such inspection and, if
they find the Work acceptable and fully performed under the Contract Documents shall
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promptly issue a final Certificate for Payment, recommending that, on the basis of their
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. Neither the final
payment nor the retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of
the Contract Documents, to the extent and in such form as may be
designated by Owner.
Owner reserves the right to inspect the Work and make an independent determination
as to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying
materials, equipment or fixtures to be incorporated into the Project. Contractor warrants
to Owner that any materials and equipment furnished under the Contract Documents
shall be new unless otherwise specified, and that all Work shall be of good quality, free
from all defects and in conformance with the Contract Documents. Contractor further
warrants to Owner that all materials and equipment furnished under the Contract
Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents. If, within one (1) year after Substantial Completion, any Work is found to
be defective or not in conformance with the Contract Documents, Contractor shall
correct it promptly after receipt of written notice from Owner. Contractor shall also be
responsible for and pay for replacement or repair of adjacent materials or Work which
may be damaged as a result of such replacement or repair. Further, in the event of an
emergency, Owner may commence to correct any defective Work, without prior notice
to Contractor, at Contractor's expense. These warranties are in addition to those
implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work
to verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions
to correct any deficiencies noted in the inspection. Failure of the Contractor to correct
the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from
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future bid opportunities with the Owner, in addition to any other rights and remedies
available to Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have
access at all times to the Work, whether the Work is being performed on or off of the
Project site, for their observation, inspection and testing. Contractor shall provide
proper, safe conditions for such access. Contractor shall provide Project Manager with
timely notice of readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work
to be specifically inspected, tested or approved, Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
tests or approvals shall be performed in a manner and by organizations acceptable to
the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection
fees and costs; to the extent such re-inspections are due to the fault or neglect of
Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence from the Project Manager, such work must, if requested by Project
Manager, be uncovered for observation. Such uncovering shall be at Contractor's
expense unless Contractor has given Project Manager timely notice of Contractor's
intention to cover the same and Project Manager has not acted with reasonable
promptness to respond to such notice. If any Work is covered contrary to written
directions from Project Manager, such Work must, if requested by Project Manager, be
uncovered for Project Manager's observation and be replaced at Contractor's sole
expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection
with any overtime work. Such overtime work consisting of any work during the
construction period beyond the regular eight (8) hour day and for any work performed
on Saturday, Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract
Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work.
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If required by Project Manager, Contractor shall as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or if the defective Work has
been rejected by Project Manager, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of
such correction or removal (including, but not limited to fees and charges of engineers,
architects, attorneys and other professionals) made necessary thereby, and shall hold
Owner harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests
as Project Manager may require, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that such Work is defective,
Contractor shall bear all direct, indirect and consequential costs of such uncovering,
exposure, observation, inspection and testing and of satisfactory reconstruction
(including, but not limited to, fees and charges of engineers, architects, attorneys and
other professionals), and Owner shall be entitled to an appropriate decrease in the
Contract Amount. If, however, such Work is not found to be defective, Contractor shall
be allowed an increase in the Contract Amount and/or an extension to the Contract
Time, directly attributable to such uncovering, exposure, observation, inspection, testing
and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The right of Project Manager to stop the Work
shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be
construed as obligating the Project Manager to exercise this right for the benefit of
Design Engineer, Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest
to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect
and consequential costs attributable to the Owner's evaluation of and determination to
accept defective Work. If such determination is rendered prior to final payment, a
Change Order shall be executed evidencing such acceptance of such defective Work,
incorporating the necessary revisions in the Contract Documents and reflecting an
appropriate decrease in the Contract Amount. If the Owner accepts such defective
Work after final payment, Contractor shall promptly pay Owner an appropriate amount
to adequately compensate Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work
as required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice
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to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall
not be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access
to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph. All direct, indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change
Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
consequential costs shall include, but not be limited to, fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of Contractor's defective Work. Contractor shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work
attributable to the exercise by Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control
the Work competently and efficiently, devoting such attention thereto and applying such
skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be responsible to see that the finished Work
complies accurately with the Contract Documents. Contractor shall keep on the Work at
all times during its progress a competent resident superintendent, who shall be subject
to Owner's approval and not be replaced without prior written notice to Project Manager
except under extraordinary circumstances. The superintendent shall be employed by
the Contractor and be the Contractor's representative at the Project site and shall have
authority to act on behalf of Contractor. All communications given to the superintendent
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
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25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable for is responsible for any loss or damage
to the Work, or other work or materials of Owner or Owner's separate contractors,
Contractor shall be charged with the same, and any moneys necessary to replace such
loss or damage shall be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner/Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner/Design Professional's
benchmarks, Contractor shall immediately notify Project Manager and Design
Professional. The Owner or Design Professional shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager
written notice within forty-eight (48) hours after Contractor knew or should have known
of the occurrence of the emergency, if Contractor believes that any significant changes
in the Work or variations from the Contract Documents have been caused thereby. If
the Project Manager determines that a change in the Contract Documents is required
because of the action taken in response to an emergency, a Change Order shall be
issued to document the consequences of the changes or variations. If Contractor fails
to provide the forty-eight (48) hour written notice noted above, the Contractor shall be
deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas
identified in and permitted by the Contract Documents and other lands and areas
permitted by law, rights of way, permits and easements, and shall not unreasonably
encumber the Project site with construction equipment or other material or equipment.
Contractor shall assume full responsibility for any damage to any such land or area, or
to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from
the performance of the Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all
GC-CA-H-21
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,
safety precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees,
shrubs, walks, pavements, roadways, structures, utilities and any underground
structures or improvements not designated for removal, relocation or replacement in the
Contract Documents.
28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or
to protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time
as the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time
basis at the Project site whose duty shall be the prevention of accidents. This person
shall be Contractor's superintendent unless otherwise designated in writing by
Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those
of any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site
which is located upon or adjacent to an existing Owner facility. In such event,
Contractor shall comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by
Contractor. Such identification badge must be prominently displayed on the outside of
the Employees' clothing at all times. All Employees working at the Project site must log
in and out with the Contractor each day;
GC-CA-H-22
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28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's
property without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall
comply with the dress, conduct and facility regulations issued by Owner's officials
onsite, as said regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through
the ingress and egress points identified in the site utilization plan approved by Owner or
as otherwise designated, from time to time, by Owner in writing;
28.5.7 When requested, Contractor shall cooperate with any ongoing
Owner investigation involving personal injury, economic loss or damage to Owner's
facilities or personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work,
the Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design
Professional. The Contractor shall have its subcontractors and suppliers attend all such
meetings (including the pre-construction conference) as may be directed by the Project
Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
GC-CA-H-23
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31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local
roadways and as prescribed in the Florida Department of Transportations Design
Standards (DS), where applicable on state roadways. These projects shall also comply
with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by
reference. Copies are available through Risk Management and/or Purchasing
Departments, and is available on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on
the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt
of Notice of Award.
32. SALES TAX SAVINGS AND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and
at no additional cost to Owner, Contractor shall comply with and fully implement the
sales tax savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves
the right to make direct purchases of various construction materials and equipment
included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to
vendors selected by Contractor, for execution by Owner, on forms provided by Owner.
Contractor shall allow two weeks for execution of all such purchase orders by Owner.
Contractor represents and warrants that it will use its best efforts to cooperate with
Owner in implementing this sales tax savings program in order to maximize cost
savings for the Project. Adjustments to the Contract Amount will be made by
appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the
saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually
agreed upon between Owner and Contractor. With respect to all Direct Purchases by
Owner, Contractor shall remain responsible for coordinating, ordering, inspecting,
accepting delivery, storing, handling, installing, warranting and quality control for all
Direct Purchases. Notwithstanding anything herein to the contrary, Contractor
expressly acknowledges and agrees that all Direct Purchases shall be included within
and covered by Contractor's warranty to Owner to the same extent as all other
warranties provided by Contractor pursuant to the terms of the Contract Documents. In
the event Owner makes a demand against Contractor with respect to any Direct
GC-CA-H-24
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Purchase and Contractor wishes to make claim against the manufacturer or supplier of
such Direct Purchase, upon request from Contractor Owner shall assign to Contractor
any and all warranties and Contract rights Owner may have from any manufacturer or
supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal
excise taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide
the sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to
Owner and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and
availability constraints, total time for completion, construction market conditions,
availability of labor and materials, community relations and any other factors pertinent to
saving time and costs.
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying
or providing any portion of the Work pursuant to a contract with Contractor. Contractor
shall be solely responsible for and have control over the Subcontractors. Contractor
shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests
for Proposal, with all affected Subcontractors and shall review the costs of those
proposals and advise Owner and Design Professional of their validity and
reasonableness, acting in Owner's best interest, prior to requesting approval of any
Change Order from Owner. All Subcontractors performing any portion of the Work on
this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements with respect to its portion of the Work and has the integrity and reliability
to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were
approved by Owner, Contractor also shall identify any other Subcontractors, including
their addresses, licensing information and phone numbers, it intends to utilize for the
Project prior to entering into any subcontract or purchase order and prior to the
Subcontractor commencing any work on the Project. The list identifying each
Subcontractor cannot be modified, changed, or amended without prior written approval
from Owner. Any and all Subcontractor work to be self-performed by Contractor must
be approved in writing by Owner in its sole discretion prior to commencement of such
work. Contractor shall continuously update that Subcontractor list, so that it remains
current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not
GC-CA-H-25
1684
be required to contract with anyone it reasonably objects to. Contractor shall keep on
file a copy of the license for every Subcontractor and sub-subcontractor performing any
portion of the Work, as well as maintain a log of all such licenses. All subcontracts and
purchase orders between Contractor and its Subcontractors shall be in writing and are
subject to Owner's approval. Further, unless expressly waived in writing by Owner, all
subcontracts and purchase orders shall (1) require each Subcontractor to be bound to
Contractor to the same extent Contractor is bound to Owner by the terms of the
Contract Documents, as those terms may apply to the portion of the Work to be
performed by the Subcontractor, (2) provide for the assignment of the subcontract or
purchase order from Contractor to Owner at the election of Owner upon termination of
Contractor, (3) provide that Owner will be an additional indemnified party of the
subcontract or purchase order, (4) provide that Owner, Collier County Government, will
be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to
each proposed Subcontractor, prior to the execution of the subcontract, copies of the
Contract Documents to which the Subcontractor will be bound. Each Subcontractor
shall similarly make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide
field (on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and
roofing) included in its subcontract or purchase order. In addition, the Subcontractor
shall assign and name a qualified employee for scheduling direction for its portion of the
Work. The supervisory employees of the Subcontractor (including field superintendent,
foreman and schedulers at all levels) must have been employed in a supervisory
(leadership) capacity of substantially equivalent level on a similar project for at least two
years within the last five years. The Subcontractor shall include a resume of experience
for each employee identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the
performance of the subcontract or purchase order caused by events beyond its control,
including delays claimed to be caused by Owner or Design Professional or attributable
to Owner or Design Professional and including claims based on breach of contract or
negligence, shall be an extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
GC-CA-H-26
16Blg.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
on a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34. 1 . 12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
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. The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but not be limited to, the following information: Original contract amount, project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local
law enforcement records, including a state and FBI fingerprint check, credit reports,
education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them
available to the County for at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
37 . VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development.
A "project" shall be defined as the collective contracts, which may include but not be
limited to: design, construction, and construction, engineering and inspection (CEI)
services. Additionally, any project with an estimated construction value of $2 million or
more may be reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762,
F.A.C. regulated tank requires notification to the 'County' prior to installation or closure
of the tank. The Pollution Control Department (239-252-2502), via contract GC-690
with the Florida Department of Environmental Protection (FDEP), is the County (local
program) for the purposes of these rules.
GC-CA-H-28
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Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty-eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will
be scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements
for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762,
F.A.C. or you may contact the Pollution Control Department with your questions.
Please note that equipment must be listed on the FDEP approved equipment list and
will be verified at inspection along with installation and testing procedures. The
approved equipment list is constantly updated and can be found at the FDEP Storage
Tank Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
GC-CA-H-29
1684
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISA/MASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
2.
y Program (LAP) granting guidelines and required forms provided in
e.
SUBMITTAL OF SHOP DRAWINGS
Shop drawings are required as set forth in the specifications. Payment will not be made
for these items of work until approved shop drawings have been received by the
Engineer.
PROTECTION OF UTILITIES
The contractor shall call for locates prior to any excavation. The existing utilities will be
potholed to verify their location when they are close enough to the work to be at risk for
damage. The contractor shall make every effort to protect existing utilities from damage
and to keep the utilities in service. The cost of potholing to protect existing utilities shall
be included in the cost of the work requiring it. Should any utility be damaged, the
contractor shall be responsible for all repairs including the need for both on-site and off-
site pumper trucks.
EXISTING GLOBE FIXTURES
The contractor shall notify the Engineer a minimum of 48 hours in advance of any work
removing or relocating the existing globe fixtures. Each pole will be inspected by the
Engineer and contractor prior to removal to determine the condition of the pole, the light
fixture and all other components of the globe fixture. If the globe fixture is deemed
acceptable to be relocated the contractor shall be responsible for relocating the globe
fixture to the new location. The contractor shall furnish and install a new foundation for
the globe fixture as necessary for acceptable installation. If the globe fixture is
damaged by the contractor during relocation, it shall be the contractor's responsibility to
repair and refurbish the existing globe fixture. If the existing globe fixture is deemed not
acceptable to be relocated, the contractor shall remove the existing globe fixture and all
components (including the foundation). All associated conductors shall be removed. All
existing lighting conduit associated with the globe fixtures shall be abandoned in-place.
If any of the existing globe fixtures cannot be relocated, the contractor shall coordinate
with the Engineer and Everglades City to determine what portions of the existing globe
fixture will be stock-piled with the Everglades City. Any parts or portions of the existing
GC-CA-I-1
16B4
globe fixtures that are not wanted by Everglades City will be removed from the project
site and properly disposed of by the contractor
If all of the globe fixtures can be relocated then they will be relocated per plan. If one or
more of the globe fixtures cannot be relocated due to poor condition as determined by
the Engineer, then the location and spacings of the relocated light poles will be revised
by the Engineer. Service location, conduit & conductor pay items will be adjusted by the
Engineer if globe fixtures are not installed per plan due to existing globe fixture
condition.
All of the existing globe fixtures indicated to be relocated shall have two pay items
associated with it. If a globe fixture can be relocated, payment will be made under both
pay items:
. Item 715-550-00 Lighting Pole Complete, Special (Remove) Existing White
Globed Fixtures - each
. Item 715-536-310 Lighting Pole Complete, Special (Install) Existing White
Globed Fixtures - each
. For any existing globe fixture that cannot be relocated, payment will be made
under pay item:
. Item 715-550-000 Lighting Pole Complete, Special (Remove) Existing White
Globed Fixtures - each
DEWATERING
Dewatering of excavations, trenches, structures and utilities may be required. Cost of
dewatering is not a separate pay item. Payment shall be included in the cost of items
as included in the Bid Form. No dewatering permit for the project has been obtained. If
the contractor deems a permit necessary for his means and methods of construction,
the contractor shall obtain the permit(s) from SFWMD, etc. at no additional cost to the
Owner. All liability for dewatering operations or lack thereof shall be the responsibility of
the Contractor.
GC-CA-I-2
16B4
EXHIBIT J
TECHNICAL SPECIFICATIONS
GC-CA-J-1
EXHIBIT K
PERMITS
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GC-CA-K-1
1684
STAN EXHIBIT L
DARD DETAILS
GC-CA-L-1
1684
EXHIBIT M
PLANS AND SPECIFICATIONS
Provided in Separate File
GC-CA-M-1
EXHIBIT N .
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
1684
~
Florida Department of Transportation
169 4
CHARLIE CRIST
GOVERNOR
801 North Broadway Avenue
Bartow, Florida 33830
STEPHANm c. KOPELOUSOS
SECRETARY
February 24,2010
Collier County
Collier Clerk of Courts
Attn: Board's Minutes & Records
3301 East Tamiami Trail
Naples, Florida 34112
RE: Local Agency Program (LAP) Supplemental Agreement
Financial Project #: 420885-1-58-01
County: Collier
Federal Aid Project #.: 8887655 A
Contract No.: AP K97
Description: Lighting - CR 29
To Whom it May Concem:
Enclosed is one copy of the LAP Supplemental Agreement for the above referenced
project. Please retain this for your records.
If! can be of further assistance, please contact me at (863) 519-2791 or e-mail at
michelle.peronto(cz),dot.state.tl.us .
Sincerely,
~~
Michelle S. Peronto
Local Agency Program Coordinator
l-DOT, District One
Cc: File
Michael Greene, Collier County
District One, District Contracts Office
801 North Broadway Avenue >I< Bartow, FL 33830
(863) 519-2791 >I< (863) 519-1909 (Fax) >I< MS 1-18
www.dot.state.fl.us
* RECYD-ED PAPER
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SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
001 LOCAL AGENCY PROGRAM 420885-1-58-01
DUNS NO. SUPPLEMENTAL CONTRACT NO.
80-939-7102 AGREEMENT AP K97
The Board of County Commissioners. Collier County desires to supplement the
original Agreement entered into and executed on 7-17-09 as identified above. All provisions in the original
Agreement and supplements, if any, remain in effect except as expressly modified by this supplement.
The changes to the Agreement and supplements, if any, are described as follows:
PROJECT DESCRIPTION
Name Liahtina
Length 1.064 miles
Termini Beain at the Town Center (Broadwav/Cooeland Avenue) and end oroiect at Riverview Lane and Collier Avenue
Description of Work:
The LAP Agreement is amended as follows:
Section 3.01, page 2 of 19 of the LAP Agreement will be modified to reflect the revised funding. The new total amount is $240,826.00.
Exhitit B, page 16 of 19 of the LAP Agreement will be modified to reflect the funding changes as shown on the "FUNDING" page, which
is attached hereto on page 2 of 3 of this supplemental.
Reason for Supplement:
Increasing the LAP Agreement amount due to the programmed amount being lower than the intended award amount.
168.4
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SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
LOCAL AGENCY PROGRAM 420885-1-58-01
001 SUPPLEMENTAL
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 AP K97
FUNDING
TYPE OF WORK
By Fiscal Year (1) (2) (3) (4) (5)
PREVIOUS TOTAL ADDITIONAL CURRENT TOTAL TOTAL AGENCY TOTAL STATE &
PROJECT FUNDS PROJECT FUNDS PROJECT FUNDS FUNDS FEDERAL FUNDS
Planning
2007-2008
2008-2009
2009-2010
2010-2011
Total Plannina Cost $0.00 $0.00 $0.00 $0.00 $0.00
Project Development &
Environment (PD&E)
2007-2008
2008-2009
2009-2010
2010-2011
Total PD&E Cost $0.00 $0.00 $0.00 $0.00 $0.00
Design
2007-2008
2008-2009
2009-2010
2010-2011
Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00
Right-of-Way
2007-2008
2008-2009
2009-2010
2010-2011
Total Right-of-Way Cost $0.00 $0.00 $0.00 $0.00 $0.00
Construction
2007-2008
2008-2009
2009-2010 $233.000.00 $7.826.00 $240.826.00 $0.00 $240.826.00
2010-2011
Total Construction Cost $233,000.00 $7.826.00 $240.826.00 $0.00 $240,826.00
Construction Engineering and
Inspection (CEI)
2007-2008
2008-2009
2009-2010
2010-2011
Total CEI Cost $0.00 $0.00 $0.00 $0.00 $0.00
Total Construction & CEI Costs $233,000.00 $7,826.00 $240,826.00 $0.00 $240,826.00
TOTAL COST OF THE
PROJECT $233,000.00 $7,826.00 $240,826.00 $0.00 $240,826.00
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SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN
001 LOCAL AGENCY PROGRAM 420885-1-58-01
SUPPLEMENTAL
DUNS NO. AGREEMENT CONTRACT NO.
80-939-7102 AP K97
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY COLLIER COUNTY
By:
Name: Fred~W.t''lG:f;>,Yle
Title: BoCC :Chairman 'or Jl)~igrr
F .."J'
..'
. .
~1~~~ '
4tpaUrt.. ..'c'. ,'.
Date: '; -,; . l"-:.9)"-".... 'J D
,,-' ~..; ~,~ V ~f
~f f2 j~ ,lUrA'/.' t-~iy ,dip
Attorney " ..,
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
0tJ f:J /
Name: Dick Combs
Title: Director of Transportation Development
Attestb.WJUrJ. 7nC~b
Title: Executive Secretary
Date:
2/?-3110
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As to form:
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DistrictAttorney
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See attached Encumbrance Form for date of funding approval by Comptroller.
168 ,fa.
RESOLUTION NO. 2010 - 1 4
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE THE ATTACHED LOCAL AGENCY PROGRAM SUPPLEMENTAL
AGREEMENT REFLECTING ADDITIONAL FUNDING FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR A LIGHTING PROJECT (FPN # 420885-
1-58-01) PREVIOUSLY APPROVED BY THE BOARD VIA LAP AGREEMENT ON
JULY 17,2009. .
WHEREAS, Collier County, Florida ("Collier County") previously entered into a Local
Area Program ("LAP") agreement on July 17, 2009, wherein the Florida Department of
Transportation ("FDOT") agreed to reimburse Collier County the sum of $233,000.00, pertaining
to a project to install lighting beginning at the Town Center (Broadway/Copeland Avenue) and
ending at Riverview Lane and Collier Avenue in Collier County, Florida (the "Project"- FPN #
420885-1-58-0 I); and
WHEREAS, FOOT has agreed to increase funding on the Project an additional
$7,826.00, for a total funded amount of $240,826.00; and
WHEREAS, Collier County desires to enter into the LAP Supplemental Agreement to
accept the additional funding offered by FOOT on the Project; and
WHEREAS, the Collier County Board of County Commissioners fmds the attached LAP
Supplemental Agreement reflecting an increase of funding for the Project is proper and that it is
in the public interest to enter into the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the
attached LAP Supplemental Agreement reflecting increased funding for the Project.
2. The Collier County Clerk will forward a certified copy of this Resolution to FOOT
along with the LAP Agreement for execution by FOOT.
3. 1bis Resolution shall take effect immediately upon adoption.
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THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this SlLc'~ day of January, 2010.
ATTEST: '. i) _
DWIGHT'E. BROCK~/Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, , , " Clerk
Attest 'II. tf~ "^f_.
U9Nturt 0Ii:...
Approved as to form and legal sufficiency:
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Scott R. Teach, -......
Deputy County Attorney
168 4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
Resolution 2010-14
Adopted by the Board of County Commissioners
on the 26th day of January, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of February, 2010.
DWIGHT E. BROCK
Clerk of Courts a:o.dr:~erk
Ex-officio to!3,Oa'ici..cii
County Commissioners
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By: Martha
Deputy