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Backup Documents 02/09/2010 Item #16B7 MEMORANDUM Date: February 18,2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5219: "Annual Contract for Bridge Repairs and Maintenance" Contractor: Quality Enterprises USA, Inc. Attached please find an original contract document, as referenced above, (Item #16B7) approved by the Board of County Commissioners on February 9, 2010, The second original will be held on file in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, please contact me at 252-8406. Thank you. Attachment (1) 1687. Date: February g, 2010 County Attorney's Office /' c:;! Attention: Jeff Klatzkow 1687 vll'hI,A06!~ tj~ECEIVED: C _;O'I~nv AlTORI\IE\ tJ~\.. lalOfES11 ~;'~~ ~ DO NOT WRITE ABOVE THIS LINE .(bV .~ ~~~. -/ S~IV 7) I j ITEM NO.: 10 ~p~-otLt~) FILE NO,: ROUTED TO: REQUEST FOR LEGAL SERVICES To: b\AJ (~I\U \\0 From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5219 "Annual Contract for Bridge Repairs and Maintenance" Contractors: ~uality Enterprises Walker Contracting Group Design-Build Engineers and Contractors BACKGROUND OF REQUEST: This Contract was approved by the BCC on February g, 2010, Agenda ! Item 16.B.7 ~e-. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Marlene Messam, TECM ~~o tt- V(lt\ \ 1687 'f MEMORANDUM FROM: () .flfdr fi~ -r Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department Ray Carter Risk Management Department TO: DATE: February g, 2010 RE: Review of Insurance for Contract: #09-5219 "Annual Contract for Bridge Repairs and Maintenance" Contractors: IQuality Enterprises Walker Contracting Group Design-Build Engineers and Contractors This Contract was approved by the BCC on February g, 2010, Agenda Item 16.B,7 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dod/RC DATE RECEIVED FEB 1 0 2010 RISK l".MMGEMEN1 C: Marlene Messam, TECM 1687 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Thursday, February 11,20102:24 PM CummingsRhonda DeLeon Diana; mausen_g; MessamMarlene RE: Contract 09-5219 "Annual Contract for Bridge Repairs and Maintenance" All, I have approved the certificate of insurance provided by Quality Enterprises for contract 09-5219, The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ 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 youre.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 RLS# /0- fJrt'c - 0/ V Y;}- CHECKLIST FOR REVIEWING CONTRACTS Entity Name: 1687 1 Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &lor Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ ;/, H I L Products/CompllOp Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ & I-t I L Workers Compensation _ Each accident Required $ ~ 00 /C Disease Aggregate Required $ IN' L.. Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type:-Pc'\v..tOI'\ Entity name correct on contract? Eutity registered with FL Sec. of State? Required $ County required to be uarned as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond Does dollar amount match contract? Agent registered in Florida? Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ -"'---Yes -LYes ,/ Yes --y- Y es ~Yes ~Yes ~ ;) t-tIL Ol.HIL I t'\IL I f'lIL ;00 K I KIL Provided $ So 0 K Provided $ . . Provided $ , , Provided $ Provided $ Exp Date Exp Date Yes _No No No No -No C..tL'e..r- ~ C-o"-,,,t~ ~"vt II C">"fll€I''? Exp. Date 7 I 10 r, Exp. Date ' I Exp. Date I I Exp. Date II Exp. Date " Exp Date 7 I, / ,0 ExpDate 7 /, ~D EXPDate~ Exp Date No Exp. Date Exp. Date Provided $ )... K l L ,/'/'V o...V\{. EXPDate~0/'O No No ,/ Yes Yes LYes Yes j :J:..t Yes 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? Yes Yes -LYes V Yes ---rYes ~Yes No ~No o,er 4'd.OOK No No No No No No No Attachments Are all required attachments included? V Yes ~Yes ~Yes LYes No No No No Reviewer Initials: i:f::..- Date: l- 1-- 10 04-COA-OI JO/22 www,sunbiz,org- Department of State 16 8 (1 P~e 1 00 Home Contact Us E-Filing Services Document Searches Forms Help EJ~ViQu.~.Q,n~1$_t fltext on List Return TQ_ List Entity Name Search I Submit I No Events No Name History Detail by Entity Name Foreign Profit Corporation QUALITY ENTERPRISES USA, INC. Filing Information Document Number F95000002550 FEIIEIN Number 540947002 Date Filed OS/25/1995 State VA Status ACTIVE Principal Address 3894 MANNiX DRIVE STE 216 NAPLES FL 34114-5406 US Changed 01/12/2005 Mailing Address 3894 MANNIX DRIVE STE 216 NAPLES FL 34114-5406 US Changed 01/12/2005 Registered Agent Name & Address MURRELL, HOWARD J 2827 SILVERLEAF LANE NAPLES FL 34105 US Name Changed: 04/21/1997 Address Changed: 01/29/2004 Officer/Director Detail Name & Address Tille PD MURRELL, HOWARD J JR. 3894 MANNIX DRIVE STE 216 NAPLES FL 34114-5406 Title VPD MURRELL, JOHN 208 TINTERN COURT CHESAPEAKE VA 23320 Title ST http://ccfcorp.dos.state, fJ, us/scripts/cordet.exe?action=DETFIL&in'L doc _ number=F95000". 2/12/2010 www.sunbiz,org - Department of State MURRELL, STACEY 3894 MANNIX DRIVE STE 216 NAPLES FL 34114-5406 TitleVP MORIARTY, PAUL 3894 MANNIX DRIVE STE 216 NAPLES FL 34114-5406 US TitleVP SLlCKO, RICHARD 3894 MANNIX DRIVE STE 216 NAPLES FL 34114-5406 Title VP GAUDIO, LOUIS J 3894 MANNIX DRIVE STE 216 NAPLES FL 34114-5406 Annual Reports Report Year Filed Date 2008 09/26/2008 2009 01/14/2009 2010 02/05/2010 Document Images 02/05/2010 -- ANNUAL REPORT 01/14/2009 -- ANNUAL REPORT 09/26/2008 -- ANNUAL REPORT 01/24/2008 -, ANNUAL REPORT 02/05/2007 -- ANNUAL REPORT 01/23/2006 -- ANNUAL REPORT 01/12/2005 -- ANNUAL REPORT 01/29/2004 -- ANNUAL REPORT 02/06/2003 -- ANNUAL REPORT 06/13/2002 -- ANNUAL REPORT 02/06/2002 -- ANNUAL REPORT 04/03/2001 -- ANNUAL REPORT 08/28/2000 -- ANNUAL REPORT 04/30/1999 -- ANNUAL REPORT 02/03/1998 -- ANNUAL REPORT 04/21/1997 -- ANNUAL REPORT 05/01/1996 - ANNUAL REPORT OS/25/1995 -- DOCUMENTS PRIOR TO 19971 I [ I r [ I [ r 1 [ r I r I I I I View image in PDF format ] View image in PDF format ] View image in PDF format 1 View image in PDF format 1 View image in PDF format ] View image in PDF format ] View image In PDF format I View Image in PDF format 1 View image in PDF format ] View image in PDF format J View image in PDF formal ] View image in PDF format 1 View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format J Note: This ;s not official record. See documents if question or conflict. Pr~yiQ!J~mQn List Next on List ReJurn TaList 16 B 7~e2of3 Entity Name Search http://ccfcorp.dos,state.fl.us/scripts/cordet.exe?action=DETFIL&inCL, doc __ number=F95000.,. 2/12/2010 www.sunbiz,org - Department of State 16 8 7Pa1e3 of3 No Events No Name History [ Submit I I Horne I Contact us I Document Sear-clles I [FilinU Services I Forms I HelD I Cooyril1ht dmJ Privacy Policies COPYI'lql,t (c; 20U} State of fClor'ida, Department of Sti1te. http://ccfcorp.dos,state.f1.us/scripts/cordet.exe?action=DETFIL&inCL doc _ number=F95000,.. 2/12/2010 A G R E E MEN T 09-5219 1687-' for Annual Contract for BridQe ReDairs and Maintenance THIS AGREEMENT is made and entered into this qtII day of if b.n uA ~ ' 2010, by and between the Board of County Commissioners for Collier County, Florid ,a politic subdiVISion of the State of Florida (hereinafter referred to as the "County" or "Owner") and Quality Enterprises USA, Inc" authorized to do business in the State of Florida, whose business address is 3894 Mannix Drive, Suite 216, Naples, FL 34114 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on 'Fe-bY'''''''' 9 ' 2010, and terminatingh.6r<u1.~ '€' , 2011, or until such time as all outstandin~ Work Orders issued prior to the expir tion of the Agreement period have been completed. Additionally, by mutual agreement and funding availability, this contract shall have three additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre- qualified and awarded a Contract to each firm, Each awardee will enter into an Agreement to provide complete services for bridge repairs and maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP# 09-5219 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, for projects with an estimated cost up to Two Hundred Thousand Dollars ($200,000) or less, the Owner shall get written quotations from the three (3) selected firms, The Contractor shall respond with the information sought within seven (7) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. If a Performance Bond is required, the Contractor shall provide within seven (7) working days after notification of award, For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty Thousand Dollars ($750,000), competitive quotations shall be solicited from three (3) firms. The Contractor shall respond with the information sought within seven (7) working days. When a Performance Bond is required, the Contractor shall provide within seven (7) working days after notification of award. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the County Attorney and Board of County Commissioners for approval. Page -1- 1687 1 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation, Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4, NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall. be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Quality Enterprises USA, Inc, 3894 Mannix Drive, Suite 216, Naples, FL 34114 239-435-7200 telephone 239-435-7202 fax Louis J, Gaudio, Vice-President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen y, Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-435-7202 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification, All notices under this Service Agreement must be in writing, 5, NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County, 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County, Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits, Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, Page -2- 1687' consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8, TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice, The County shall be sole judge of non-performance, g. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin, 10, INSURANCE: The Contractor shall provide insurance as follows: A Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C, Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each occurrence including Protection and Indemnity including crew with a minimum limit of $1,000,000 per each occurrence, if applicable, D, United States Lonashoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Special ReQuirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability, Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date, There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 1687 i Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11.INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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. 12.BONDS, A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B, When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13, PAYMENTS, Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments, Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 14, PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections, The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents, Page -4- 1687 If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B, Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C, No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. ...""-- 17.CHANGES IN THE WORK, Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an 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 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, A Change Order in the form attached as Exhibit "D" 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 Page -5- 1687 I Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 18,COMPLlANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing, 19, CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY, Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents, Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents, If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice frorn Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous, Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility Page -6- 1687 j therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK, A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. S. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C, Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith, 25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss, Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion, If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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 Page -7- 1(,87 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable, Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27, LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation, Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Page -8- 1687 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. 28.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering and Construction Management Department. 29, COMPONENT PARTS OF THIS CONTRACT, This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 09-5219, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 30, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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. 31,SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32,SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax, 33,IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S,C. 1324, et seq, and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 34. 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, 35.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -9- 16B7 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written, ATTEST: . ,r,~f'D ~ . Dwight E. Broc~1btEirK(:l~rts B . lli.u.t;f', <', "'.". Y ,.,' ,. -.. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA D t d ..,I. '. a e : ,,,-to '. Attett .~S~leI.~;;;~. ....U . .." By: '1uJ-W. ~ Fred w. Coyle, Chairman . o yJt~~ Susan J, Schultz Type/Print Witness Name );~ UY'-- Second Witness Quality Enterprises USA, Inc. Contractor BY:~L-: ;> Signa ure Louis J. Gaudio Typed Signature Vice President Title Marcie Cohen Type/Print Witness Name jtem# \l 0 'Rl Agenda "l_ Q _I 1\ Date CZl:.-l--l-U =d a-111..0 Page -10- EXHIBIT A PUBLIC PAYMENT BOND 1687 ~ Bond No. Contract No. 09-5219 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and ' as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the , 20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592, In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the name of under-signed representative, pursuant to authority of its governing body, Page-11- Signed, sealed and delivered in the presence of: 1687 1 PRINCIPAL: Witnesses as to Principal By: Name; Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,M ci corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by_ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 1687 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 1687 Bond No, Contract No, 09-5219 WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications, Page -14- 16B7 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Perfornnance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this 20_. the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation, He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- ATTEST: SURETY: 1687 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety. on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- EXHIBIT B RELEASE AND AFFIDAVIT FORM 1687 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 its subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No, CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by ,as of , a corporation, on behalf of the corporation. personally known to me or has produced identification and did (did not) take an oath. He/she is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT 1687 (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Contract No. 09-5219 Project No. Application Date Payment Application No. for Work accomplished through the Date: {Project 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 $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (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: Page -18- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 1 68 7 , CHANGE ORDER NO. CONTRACT NO. 09-5219 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L--> calendar days, The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: ,20 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- 1687 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, ENGINEER'S Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- 1687 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20 OWNER By: Type Name and Title Page -21- 1687 EXHIBIT F . CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents, To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 1687 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -23- 1687 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY, It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- PRODUCER Phone: 757-456-0577 Fax: 757-456-5296 ( IDD/YYYY) 7/29/2009 THIS CERTIFICATE 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, ACORD,. CERTIFICATE OF LIABILITY INSURANCE Rutherfoord 222 Central Park Avenue, Virginia Beach VA 23462 Suite 1340 INSURED Quality Enterprises USA Inc & Quality Environment Co. 3894 Mannix Drive, Suite 216 Naples FL 34114-5406 : INSURERS AFFORDING COVERAGE - ----~-- 1_~~_~_~~~RA:W_~lJ~0U B_\l~_iI1es~Insu:r_~I1~g _ Comp I.:~:~~:~.-~..'--...i~~~~u.;_~~~:~;~;:~_~-:r. ~.'.~.'.~e;_~~~.n~~ l,~~~~~p)~:meric;::an _ID.t~~_~_cial.t.L-:r,...ine_ INSURERE St Paul Fire Marine Insuran NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN"DING 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. frilSR DciQ------ I POL.I~1,;FFECTlv~1-pg~icll~xpiR~t(QN -- ------- -------- LTR NSRO E POLICY NUMBER DATE MM/DD YY ATE MM/DD YY L.IMlTS A GENERAL. L.IABIL.lTY ITBKZ91449711039 17/1/2009 17/1/2010 EACH OCCURRENCE _~~~009 --l : DAMAGfTORENTEb X 1 C~MMERCIAL GENERAL LIABILITY U::~_I3~L~J::_S.lEa o~~~ $1 0 0_,1. _Q_Q_O ______ CLAIMS MADE Z OCCUR ,_MED ~~l~~x~_e pe~s~~Q_Q_O_ , PERSONAL &ADV INJURY .'lLJ'-O O~_O 0 __ - ------ GENERAL AGGREGATE ,$ 2..Jl(LOLOOO ----- ---- i GEN'LAGGREGATE LIMIT APPLIES PER , PRODUCTS - COMP/OP AGG I U..JJ~QJl - ~-I- POLICY I':, j~8T IILOC ------------ , B AUTOMOBILE LIABILITY IASJZ91449711019 j7/1/2009 17/1/2010 COMBINED SINGLE LIMIT -- , '1,000,000 I ANY AUTO I , (Eaaccidenl) , ----- , I ALL OWNED AUTOS BODilY INJURY -- (Per person) $ f--- SCHEDULED AUTOS -~ HIRED AUTOS BODilY INJURY $ NON-OWNED AUTOS (Peraccidenl) . ---- -- -------------------- I I PROPERTY DAMAGE '$ , , (Per accident) I GARAGE LIABILITY I AUTOONLY-EAACCIDENT $ ---------- _ EA ACC ~~--__-~~=-==---~:-~=- ANY AUTO ~-~ OTHER THAN AUTO ONLY AGG: $ C EXCESS/UMBRELLA LIABILITY PFX70024856 7/1/2009 7/1/2010 EACH OCCURRENCE 1$10 000 000 ~.~ n CLAIMS MADE -- --------- 'x I OCCUR AGGREGATE 1$10,000,000 _________n__ -------- ~- :-=1 DEDUCTIBLE ---- ---f,- " RETENTION $ '$ B WORKERS COMPENSATION AND WCJZ91449711029 7/1/2009 7/1/2010 X I_WCSTATU- i JOTH- TORY LIMITS ER EMPL.OYERS'L.IABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ 500 000 ---- OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $ 500., 000_ ~~~t~~~~b~~I~gNS below ~-_. ------ I E.l. DISEASE - POLICY LIMIT $ 500 000 0 OTHER CP0025895025 7/1/2009 7/1/2010 !2, 000,000 each claim E I pollution Liability OH6400229 6/16/2009 6/16/2010 b,ooo,oOO aggregate I Protection & Indemnity 1$1,000,000 i including Crew : : DESCRIPTION OF OPERATIONS fLOCATIONS I VEHICL.ES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS E, Contract #09-5219 " A.'t1nual Contract ::or Bridge Repairs and :vJaintenance" Coll:..er County, Flor:..da is Add:..tional InSU1-ed ur.der '::he General L:..ab~l'--ty policy wl::h respect -::0 ....':=:'rf: performed by ::he i::"1sured, as re~'Jil'ed by '/',T:"..t'::en on::rac:::. 'vITa i"\Ter 0:: Subroqation appl:..es under '::he Ge::1eral l..:..ab:..Lty a:1d Workers Compensa:::. :=m policies :.n favor 0:: :-_he ddit:..onal Insureds. 30 days :1ot::_ce of cancellat:..on except for non payment of prem:.um wh:..ch rs 10 days CERTIFICATE HOLDER Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Bldg G Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIV ACORD 25 (2001/08) 1687 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poiicy(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) 1687 . MEMORANDUM Date: February 18,2010 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5219: "Annual Contract for Bridge Repairs and Maintenance" Contractor: Walker Contracting Group, Inc. Attached please find an original contract document, as referenced above, (Item #16B7) approved by the Board of County Commissioners on February 9, 2010. The second original will be held on file in the Minutes and Records Department as part of the Board's permanent record, If you should have any questions, please contact me at 252-8406. Thank you. Attachment (1) , ' 1687 ITEM NO,: ,0 ~""b y ~(p FILE NO.: 1 ~ ! - ,/\-1 r (}I'''~.>F'\ nATEliRECEIVED: To: County Attorney's Office Attention: Jeff Klatzkow ~ SJt JJw <~II~ lID ~ ~f-,J 1 {,i4>V () J-o J-- ~ J- /;:r rl/bl1P , ~ . , " 1",\ ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: February g, 2010 From: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #09-5219 "Annual Contract for Bridge Repairs and Maintenance" Contractors: Quality Enterprises v'Walker Contracting Group Design-Build Engineers and Contractors BACKGROUND OF REQUEST: This Contract was approved by the BCC on February g, 2010, Agend ~ Item 16.B.7 ~ This item has not been previously submitted, ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: This is a standard contract with no changes, Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you, C: Marlene Messam, TECM ~~ 'l-\ ,,\,\\0 1687 MEMORANDUM TO: V _f~ I' / \. ~t" ./ Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department Ray Carter Risk Management Department FROM: DATE: February g, 2010 RE: Review of Insurance for Contract: #09-5219 "Annual Contract for Bridge Repairs and Maintenance" Contractors: Quality Enterprises I Walker Contracting Group Design-Build Engineers and Contractors This Contract was approved by the BCC on February g, 2010, Agenda Item 16,8. 7 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941, Thank you, dod/RC C: Marlene Messam, TECM DATE RECEIVED FEB 1 1 2010 Rl~ ~~ 'i/tt/IP . . mausen 9 1687 From: Sent: To: Cc: Subject: RaymondCarter Thursday, February 11,20101:47 PM CummingsRhonda DeLeon Diana; mausen_g: MessamMarlene Contract 09-5219 "Annual Contract for Bridge Repairs and Maintenance" All, I have approved the certificate of insurance provided by Walker Contracting Group for contract 09-5219, The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ 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 www.sunbiz.org - Department of State 16 8 (ge t of 2 " Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return T9 List IEntity Name Search Submit I Event.. N9 Name Hist9ry Detail by Entity Name Florida Profit Corporation THE WALKER CONTRACTING GROUP, INC. Filing Information Document Number P01000088154 FEI/EIN Number 593748586 Date Filed 08/07/2001 State FL Status ACTIVE Last Event AMENDED AND RESTATED ARTICLES Event Date Filed 01/08/2002 Event Effective Date NONE Principal Address 3074 N HORSESHOE DRIVE NAPLES, FL 34104 US Changed 01/18/2008 Mailing Address 3074 N HORSESHOE DRIVE NAPLES, FL 34104 US Changed 01/18/2008 Registered Agent Name & Address WALKER, MICHAEL K 3074 N HORSESHOE DR NAPLES FL 34104 US Name Changed: 03/16/2004 Address Changed: 01/18/2008 OfficerlDirector Detail Name & Address TitleTS MIXTER, ELIZABETH 3074 N HORSESHOE DR NAPLES FL 34104 US Title DP WALKER, MICHAEL K 3074 N HORSESHOE DR NAPLES FL 34104 US http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=PO I 000088 I ." 7 II 7/2009 Www.sunbiz.org - Department of State Title DVP GOLDEN, WILLIAM 3074 N HORSESHOE DR NAPLES FL 34104 US TitleVP HAMILTON, CHARLES C 3074 N HORSESHOE DR NAPLES FL 34104 US TitleVP FIORITO, ANTHONY C 3074 N HORSESHOE DRIVE NAPLES FL 34104 US Annual Reports Report Year Filed Date 2007 01/19/2007 2008 01/18/2008 2009 01113/2009 Document Images 01/13/2009 =-ANNUAL REPORT 01/18/2008~ c- ANNUAL REPORT 01/19/2007 =-ANNUAL REPORT P1/Z!j/2QQg -- ANNUAL REPORT 01/21/2005 =-ANNUAL REPORT 03/16/2004 =-ANNUAL REPORT 02/03/2003 =-~ANNUAL REPORT 04/10/2002 -- ANNUAL REPORT Q1l081:COJJ2 .::Arnend,,'Land R~stat,,(L;\rti<;[~ Q8/W/2001 =-[2gme<;![c_ProJLt View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I Previous on List Events No Name History Next on List Return To List 16 B 7 pa~e 2 of2 I I I I I I I I I I IEntity Name Search Submit I I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State, http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=PO 1 0000881... 7/17/2009 RLS # /O-fJ~- {)r't'i?b CHECKLIST FOR REVIEWING CONTRACTS 1687 Entity Name: I~ /AJAUE~ Entity name correct on contract? Entity registered with FL Sec. of State? Required $ County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dolIar amount match contract? Agent registered in Florida? ~~AJriLA~-rIl\J6- I'9MU-0 IN<:.. -L Yes v'Yes -LYes ~Yes ~Yes ----.Lv es Provided $ ~ M.ll- Provided $ I I Provided $ /..,., (.. Provided $ I I Provided $ SO)6fO Provided $ Provided $ Provided $ Provided $ Provided $ Provided $ IMII IMIL " " Exp Date Exp Date --LYes No No No _No _No No Exp. Date "/1 (II' .... t.!q,I/fJ Exp. Date " Exp. Date " Exp. Date " Exp. Date I' Exp Date \~/l I II) Exp Date 1~!1/10 Exp Date " Exp Date " (l/, (10 ,. _No Exp. Date Exp. Date Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ 2. ""I L Products/CompVOp Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ ".... t.. Workers Compensation Each accident Required $ ,.,..~ MO Disease Aggregate Required $ / M.l L Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ "Mol L Aggregate Provided $ \. Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $ Other Insurance Each Occur Type: E &>",d' ExpDate~ _No No - Provided $ SH. ".fJ ~Yes -.LYes -.L Yes _Yes -.L Yes 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? Attachments Are all required attachments included? t1\\l. , _Yes Yes ../ Yes --vr Yes V Yes ~Yes n \/ Yes ~Yes ~Yes /Yes No ~No ..-z-#)~ 4>~NO No _No No _No No No _No No No R'V;'~'~ [n;t;a]s~ Date: tJ J:J.IIV 04-COA- [036/222 A G R E E MEN T 09-5219 1687 for Annual Contract for Bridae Repairs and Maintenance THIS AGREEMENT is made and entered into this Cft'k day of _:hJlVW'~ ' 2010, by and between the Board of County Commissioners for Collier County, Florida, a politic subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and The Walker Contracting Group, Inc., authorized to do business in the State of Florida, whose business address is 3074 North Horseshoe Drive, Naples, Florida 34104 (hereinafter referred to as the "Contractor"), WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on 'f"~ Cj , 2010, and terminating ~1o''l.<C<VVl 75 , 2011, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. Additionally, by mutual agreement and funding availability, this contract shall have three additional, one (1) year renewals, renewable annually, The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre- qualified and awarded a Contract to each firm, Each awardee will enter into an Agreement to provide complete services for bridge repairs and maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP# 09-5219 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor, Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. . Prior to the issuance of a Work Order, for projects with an estimated cost up to Two Hundred Thousand Dollars ($200,000) or less, the Owner shall get written quotations from the three (3) selected firms. The Contractor shall respond with the information sought within seven (7) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. If a Performance Bond is required, the Contractor shall provide within seven (7) working days after notification of award, For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty Thousand Dollars ($750,000), competitive quotations shall be solicited from three (3) firms. The Contractor shall respond with the information sought within seven (7) working days. When a Performance Bond is required, the Contractor shall provide within seven (7) working days after notification of award. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the County Attorney and Board of County Commissioners for approval. Page -1- 1687 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation, Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: The Walker Contracting Group, Inc. 3074 N. Horseshoe Dr., Naples, FL 34104 239-263-7500 telephone 239-403-0109 fax Michael K. Walker, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County, 6, PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits, All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor, Contractor shall pay all sales, Page -2- 1687 consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice, The County shall be sole judge of non-performance. g. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability, B, Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership, C, Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws, The coverage must include Employers' Liability with a minimum limit of $500,000 for each occurrence including Protection and Indemnity including crew with a minimum limit of $1,000,000 per each occurrence, if applicable. D, United States LonQshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirernent herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 1687 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11.1NDEMNIFICATION: 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, 12.BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds, B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS, Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments, Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C", 14. PAYMENTS WITHHELD, Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections, The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. Page -4- 1687 If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense, Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from specifications shall be approved in writing by Owner in advance, 16.CONTRACT TIME AND TIME EXTENSIONS, A Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B, Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C, No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion, 17.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an 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 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. A Change Order in the form attached as Exhibit "D" 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 Page -5- 1687 Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree, 18,COMPLlANCE WITH LAWS, Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19,CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20,ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY, Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents, 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 rnanufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair, These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22,STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES, The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous, Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23, TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility Page -6- 1687 therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK. A Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made, If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. S. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise rnay have had to seek an adjustment to the Contract Amount or an extension to the Contract Time, 26. COMPLETION, When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion, If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore, If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated Page -7- 1687 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B", (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27.L1QUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended, The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation, Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved, The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof, Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Page -8- 1687 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. 28. CONTRACT ADMINISTRATION, This Agreement shall be administered on behalf of the County by the Transportation Engineering and Construction Management Department. 29, COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No, 09-5219, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders, 30, PROHIBITION OF GIFTS TO COUNTY EMPLOYEES, No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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, 31.SUBJECT TO APPROPRIATION, It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 33, IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U,S.C, 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 34, 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. 35,OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -9- 1687 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written, ATTEST: Dwight E, Brock, Clerk of Courts By: Cu..u.t . DID '~ ~ I{. ~AJ~' Second Witness SlVL/,,:"I.j, EU...10Tl Type/Print Witness Name Approved as to form and 'r:WL#) .Q.ssietalllt County Attorney ~7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: '-A~ w, ~ Fred W. Coyle, Chairman The Walker Cont Contractor $;ehtiL / tf. It/l / if r Typed Signature 'lkMI./)o)uT Title Page -10- Item# Iv'B"] ~:m ~-q-Io ~d ~ -11-1 D ~ EXHIBIT A PUBLIC PAYMENT BOND 1687 \ Bond No. Contract No, 09-5219 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the name of under-signed representative, pursuant to authority of its governing body, Page -11- Signed, sealed and delivered in the presence of: PRINCIPAL: 1687 By: Name: Its: Witnesses as to Principal The foregoing instrument was acknowledged before me this of ,~ ci corporation, on behalf of the corporation. He/she is personaily as identification and did (did STATE OF COUNTY OF ,a known to me OR has produced not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety 20_, by_ (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR Page-12- 16-8 7 Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of . Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -13- EXHIBIT A-2 PUBLIC PERFORMANCE BOND 1687 Bond No. Contract No. 09-5219 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20_, with Oblige for day of in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 1687 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 20_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200_, by , as ,a He/She is personally known to me OR has produced did (did not) take an oath. My Commission Expires; (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.; Page-15- ATTEST: SURETY: 1687 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety. on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- 1687 COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM 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 its subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President Witnesses DATE: [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. personally known to me or has produced identification and did (did not) take an oath. He/she is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- 16B7 EXHIBIT C 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) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Contract No. 09-5219 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ Percent Work compieted to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ 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 _ inciusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (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: Page -18- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 16B7 CHANGE ORDER NO. CONTRACT NO. 09,5219 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L--> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and wiil be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: ,20_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSiONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- If>87 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No, ENGINEER'S Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, Page -20- 1687 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20_ \ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page -21- 16B7 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No, PROJECT: ENGINEER'S Project No, CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16B7 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -23- 16B7 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION, The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY, It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given, This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to F/orida Statutes, Chapter 95, et seq, DATE: CONTRACTOR BY: Attest: Page -24- ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDIYYYY) 2/10/2010 PRODUCER Phone: 239-262-7171 Fax: 239-262-5360 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lutgert Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 112500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Naples FL 34108 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Ins. COIDnanv The Walker Contracting Group INSURERB:First Natl Ins Co of America 24724 3074 North Horseshoe Drive Naples FL 34104 INSURERC: FeCI Insurance Comnanv 124570 INSURER D:Travelers 139357 INSURERE: Century Surety ~OmDR.nV 1687 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. INSR DO' ~DDnD PJ>I\L{~~ri~~~E Pg~!f~Y/~J;6~~N I LIMITS LTR INSRt POLICY NUMBER E ~NERAL LIABILITY CCP624845 11/1/2009 11/1/2010 I EACH OCCURRENCE '$1 000 000 D X pMMERCIALGENERALUABIUTY OH06800353 6/9/2009 6/9/2010 . ~RE~IS~S E~~~~u~~ncel '$50 000 == CLAIMS MADE rx=J OCCUR MED EXP (Anyone person) $ Excluded X PR.T $1 nnn nnn PERSONAL & ADV INJURY '$1 000 000 eX- Deduct $2.500 GENERAL AGGREGATE , $2 000 000 n'LAGG~1ilELrMIT APnS PER: PRODUCTS. COMPIOP AGG , $2 000 000 POLICY X j~2.,: LOC Emplovee Bene. 1 000 000 B ~TOMOBILE LIABILITY 25CC17608430 11/1/2009 11/1/2010 COMBINED SINGLE LIMIT '1,000,000 eX- ANY AUTO (Eaaccident) t- ALL OWNED AUTOS BODILY INJURY (Per person) , - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY (Per accident) , - NON-OWNED AUTOS X Como $500 PROPERlY DAMAGE , X Call $500 (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIOENT , R ANY AUTO OTHER THAN EAACC , AUTO ONLY: AGG , A ~ESSIUMBRELLA LIABILITY i>.UC655550500 11/1/2009 11/1/2010 EACH OCCURRENCE $3 000 000 X OCCUR D CLAIMS MADE AGGREGATE $3 000 000 , '=1 DEDUCTIBLE , RETENTION , , C WORKERS COMPENSATION AND 50041 11/1/2009 11/1/2010 X I T~~$I~J#s I I OJ~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1 000 000 If yes, describe under E.L. DISEASE - POLICY LIMIT $1 000 000 SPECIAL PROVISIONS below D OTHER QT6607148N423TIL09 6/9/2009 6/9/2010 Sch. Equipment $249,273 Contract Equipment Leased/Rented Equ. $500,000 jDeductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS {VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS bSL&H Coverage is Included under the Workers Compensation policy e, 09-5219 Annual Contract for Bridge Repairs & Maintanence oIlier County Board of County Commissioners is Additional Insured with regards to General Liability. CERTIFICATE HOLDER Collier County Board of 3301 East Tamiami Trail Naples FL 34112 County CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED " BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER CommISSIoners WILL ENDEAVOR TO MAIL 30 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, ITS AGENTS OR REPRESENTATIVES. ACORO 25 (2001/08) 16B7 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) 16 B~7 MEMORANDUM Date: March 17,2010 To: Rhonda Cummings, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #09-5219: "Annual Contract for Bridge Repairs and Maintenance" Contractor: Design-Build Engineers & Contractors Enclosed is one (1) original contract, referenced above (Agenda Item #16B7), approved by the Board of County Commissioners on Tuesday, February 9, 2010. An original contract was kept in the Minutes and Records Department as part of the Board's Official Record. If you should have any questions, please contact me at 252-7240. Thank you. Enclosure (I) I . arch 3, 2010 7 DATE RECEIVED: c,l.v Y... ./( tyiYl rY"^f (~ b- ?l~ ~ ~ do ~~ ~~"H pv^ ..;. )/ "..~" ,'. k \Y: "OW 151 ( ~~~ ounty Attorney's Office c:r " ttention: Jeff Klatzkow '5Q T DLV. ~.Jq llCi . ".t L honda Cummings, FCCN, CPPB, Contract Specialist I I ~') (0 Purchasing Department, Extension 8941 " .J) / I '; V1 /I)ID \-7)k/J (j ~ )Ib/I>> )'DM 16a ITE ROUTED TO: DO NOT WRITE ABOVE THIS LINE . CU cr; ~z: ~o:: -~,---.- ~ ,- f.Q te p: -) !--- .- <:[ lr> ...;J .... ;;;::'T : ~.. ~_ ~ oe,... REQUEST FOR LEGAL SERVICES Re: Contract: #09-5219 "Annual Contract for Bridge Repairs and Maintenance" Contractors: Quality Enterprises Walker Contracting Group vDesign-Build Engineers and Contractors , BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 9, 2010, Agenda ({~ Item 16.B.7 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. RECEIVED C: Marlene Messam, TECM MAR i ~ 20W ':'lJF1Cf1^C\NI:;"; nFP-~ RLS # -/IJ.-.P r2..C --=.Qfc.>-o..?' CHECKLIST FOR REVIEWING CONTRACT~ ' 16 B EnlityName:.D.~5~~J;'J.~e"',s f_Lcn+,"-('to,s, (0,(- . V:;Yes V Yes Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &Ior Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ J..H I L Products/CompI/Op Required $ Personal & Advert Required $ Each Occurrence Required $ FirelProp Damage Required $ Automobile Liability Bodily Inj & Prop Required $ :l. "" \L.. Provided $_.__Ll:\.\L Workers Compensation Each accident Required $.-J MIL.. Disease Aggregate Required $ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ ~1-1..\ L Aggregate Provided $__.------''-._ Does Umbrella sufficiently cover any underinsured portion? Professional Liability ~ \ \ \\ Each Occurreuce Required $ ,. Provided $ Per Aggregate Required $_.__ Provided $__._. Otlter Insurance Nu All-lt.....~ r l. ,"'<;\-\"'....e....4-O\ G- E NO Each Occur Type:~..v.~' Required $ \ V rJ Provided $___ <>I f+<--"'~"r~JIce, A~-\ County required to be named as additional insured? County named as additional insured? Entity name correct on contract? Entity registered with FL Sec. of State? d.. !vi IL a HIL Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of hond Does dollar amount match contract? Agent registered in Florida? 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 signahrre block? Attachments Are all required attachments included? _~: * L v.-<Ic T"SdSwe... VCe.I-tl~ ,u_h l"t- II .'.;<0,,, fhi'''f.';\+o~ I"<l)[){z..~.,;-.<;; No -~ No / Yes No -TYes No Yes :Lr.No "Z Yes ../ No Exp. Date J I / L/, 0 Exp. Date _''--- Exp. Date It Exp. Date , I Exp. Date _. " Provided $ ::2, M \ L. Provided $ _~_.-'-'_ Provided $ ( Iv\ I L Provided $ _.l...J:OI \ L Provided $ J 0 DC (j I Provided $ Provided $ Provided $ M. \L " Exp Date --.31;Ll./11 Exp Date _.'hJ,.L Exp Date II Exp Date _~._ ,\ Exp Date ~. . Exp Date Yes 111.2 /10 \I No Exp. Date Exp. Date__ Exp Date /Yes *~_Yes /Yes Yes No /No ,/ Yes No - ? No No No No No No Yes Yes /Yes ~Yes ~Yes .....L.. Y es --;ft::---~: LYes No 7 ;/J .I () f'J ,.. ~ Ll' T r;..D ON Wlc U_tLTIF,'A If- - ? 2 # ~NL~ (':-(.,\...-L \ E~t- (c~""'i NJ'I ~ c_<!- ? l\) "-"(e(' ~-\-ed C'6M l;-eJ. j1,q..; C8 NG\ A-n k~ C~\)r~ -/ No II" Rov;"", In;t;aJ,, I~ Dale: ~;~ 10 04-CO,~Of()3 /222 Yes 16B 7 ~~ ~IJ L-<~L...y! j w: ?D t yt) m"'J~)""'t !tv<.. ~'ok 1.0 b . 04-l~ J-c, Ft- :5 ;)-? D 3 M ( \~~v-'~ "/~~ ~~'ff .- ~ ~~~ / , C-e-7 fi~' 0?...f (j) W C. ~, ~h(1'~ ~d~; .3~ r -e: 7~'~ 7v. N~~, ~1.-- 3 tr /I J...... ,h.,' .;.. st+ 3.1) ~ ~ i~C~~~ II '(iI ~--'"-~-.. ._~-,.~ '_",",~->" -,-,....- .~--- .._.... -,-- 16B 7 MEMORANDUM TO: Ray Carter Risk Management Department c)6JLp- ,.(L{)~"/ Q-. ~/ ~\\ <" FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: March 3, 2010 RE: Review of Insurance for Contract: #09-5219 "Annual Contract for Bridge Repairs and Maintenance" Contractors: Quality Enterprises Walker Contracting Group V'Design-Build Engineers and Contractors This Contract was approved by the BCC on February 9, 2010, Agenda Item 16.B.7 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. i'.-r dod/RC lVfD (om 'u,. "d:MEN1i' ~ud/ '1 S{U) C: Marlene Messam, TECM 168 7 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Friday, March 05, 2010 2:20 PM CummingsRhonda MessamMarlene; mausen_g; DeLeonDiana; colli_m Contract 09-5219 "Annual Contract for Bridge Repairs and Maintenance" Rhonda I have approved the certificate(s) of insurance for contract 09-5219 provided by Design-Build Engineers and Contractors. The contract wiil now be forwarded to the County Attorney's Office for review. Marlene, please note that the contract does contain the clause "...United 5tates Longshoreman's and Harborworker's Act (U5L&H); coverage shall be maintained where applicable to the completion of the work". Proof of U5L&H was not provided by the vendor so this may limit the type of work they can do under the contract. Please call me to discuss this before giving any notice to proceed to the vendor under this contract. Thank you, Ray ~~ Manager Risk Finance 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 www..sunbiz.org . Department of State Page 1 of2 168 '7 Home Contact Us E~Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search I Submit I No Events No Name History Detail by Entity Name Elorida Pro.fit Corporation DESIGN BUILD ENGINEERS & CONTRACTORS, CORP. Filing Information Document Number P01 0001 04056 FEI/EIN Number 593749359 Date Filed 10/25/2001 State FL Status ACTIVE Principal Address 801 N MAGNOLIA AVE, SU ITE 406 ORLANDO FL 32803 Changed 04/29/2009 Mailing Address 801 N MAGNOLIA AVE, SU ITE 406 ORLANDO FL 32803 Changed 04/29/2009 Registered Agent Name & Address THOMPSON, MICHAEL 801 N MAGNOLIA AVE, SU ITE 406 ORLANDO FL 32803 US Address Changed, 04/29/2009 Officer/Director Detail Name & Address Title PD THOMPSON, MICHAEL 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 Annual Reports Report Year Filed Date 2008 07/08/2008 2009 04/29/2009 2010 01/07/2010 http://sunbiz.org/scripts/cordet.exe?action= D ETF1L&imLdoc _ number=PO 1 000 1 04056&inq... 3/8/2010 www,sunbiz.org . Department of State Document Images 01107/2010'-ANNUAL REPORT [ 04/29/2009" ANNUAL REPORT I 07/08/2008 -- ANNUAL REPORT ( 02/21/2008 -- Off/pir Resignation [ 04/24/2007 -. ANNUAL REPORT ( 04/09/2009 -- ANNUAL REPORT [ 04/29/2005 -. ANNUAL REPORT I 07/10/2004.- ANNUAL REPORT [ 11/26/2003,- ANNUAL REPORT I 10/07/2003 -- ANNUAL REPORT [ 01/09/2003.- ANNUAL REPORT [ 10/28/2002 -- ANNUAL REPORT [ 10/25/2001 .. Domestic Profit [ View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format Note: This is not official record. See documents if question or conflict. Pr~~IQI,J~Q!J Li~t II!!>xtQI1List No Events No Name History Return To List ] I ] I I I I J J J J I I i 11I)lil(' C'Olile-Vi i DC"'llmen! ~~r'd(til "; I [:.I"II!1(1 ~;(T.I,:,,; I For'lh I lipl,! ; ('J1;Yl"I(il'il "wi f! !'!]C,I iJu!i:,j." C:npillf.Jht :2;:,0;' :~l.clt." c!f IL;, d.:', [!."p:;rlr"u't (it ~;t,Jll' Page 2 of2 160'. Entity Name Search ~ill http://sunbiz.org/scripts/cordet.cxe?action=DETFIL&inq.. doc.. number=PO I 000 I 04056&inq... 3/8/20 I 0 Www.sunbiz.org . Department of State Page 1 of2 168 '17 Home Contact Us E-Filing Services Document Searches Forms Help Pr~yiQ1t~t on Lis! Next on Lis! ~et~rn To List No Events No Name History IEntity Name Search Submit I Detail by Entity Name Florida Profit Corporation DESIGN BUILD ENGINEERS & CONTRACTORS, CORP. Filing Information Document Number P01 0001 04056 FEIIEIN Number 593749359 Date Filed 10/25/2001 State FL Status ACTIVE Principal Address 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 Changed 04/29/2009 Mailing Address 801 N MAGNOLIA AVE, SU ITE 406 ORLANDO FL 32803 Changed 04/29/2009 Registered Agent Name & Address THOMPSON, MICHAEL 801 N MAGNOLIA AVE, SU ITE 406 ORLANDO FL 32803 US Address Changed: 04/29/2009 Officer/Director Detail '11~ ;-J--, ~./7 ; Iv"" i 1 /'! v VU (j "J0~ iY; Name & Address Title PD THOMPSON, MICHAEL 801 N MAGNOLIA AVE, SUITE 406 ORLANDO FL 32803 Annual Reports Report Year Filed Date 2007 04/24/2007 2008 07/08/2008 2009 04/29/2009 http://www.sunbiz.org/scripts/cordet.exe?action~DETF1L&ing~ doc ~ number~PO 1 000 1 040... 7!l7 /2009 'www.sunbiz.org . Department of State Document Images 04/29/2009 c' ANNUAL REPORT 07/08/2008:cANNUAL REPORT 02/21/2008 ".Off/Oir Resignation 04/2041Z.00]" ANNUAL REpoRI 04/09/2009 ~:..ANNLJAL REPORT 041291200R=-ANNUAL REPORT 07/10/2004 --.ANNUAL REPORT 11/26/2003 -- ANNLJALREpORT 10/07/2003 -- ANNUAL RJ;PORT 01/09/2003 -- ANNUAL RE.E'_Q)3T 1012812002. -. ANNUAL REPORI 1 0/25/2001..=.pQ!neslic Profit Page 2 of2 168 7 View image in PDF format View image in PDF format View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format II Note: This is not official record. See documents if question or conflict. I PreviO-'J~ on "'-i~_t No Events No Name History i'jext on bist Return IObist I Entity Name Search Submit I Home I Contact us I Document Searches I E-Filing Set-vices I For-illS I fIelD I Copyright and Privacy Policies Copyright (i:) 2007 State of Florida, Dep,lrtment of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFI L&inlL doc _numbcr=PO 1 000 1 040... 7/17/2009 A G R E E MEN T 09-5219 16B ~7 for Annual Contract for Bridae Repairs and Maintenance THIS AGREEMENT is made and entered into this q-tlo day of F~~t'1AA.r~ ' 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Design Build Engineers & Contractors, Corp. (DBE&C), authorized to do business in the State of Florida, whose business address is 801 North Magnolia Avenue, Suite 406, Orlando, Florida 32803 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on Fe/,-, . <J ,2010, and terminating re.1n 'i\ 2011, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. Additionally, by mutual agreement and funding availability, this contract shall have three additional, one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed three (3) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for bridge repairs and maintenance on an as.needed basis as may be required by the Owner in accordance with the terms and conditions of RFP# 09-5219 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. Prior to the issuance of a Work Order, for projects with an estimated cost up to Two Hundred Thousand Dollars ($200,000) or less, the Owner shall get written quotations from the three (3) selected firms. The Contractor shall respond with the information sought within seven (7) working days. The County will negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. If a Performance Bond is required, the Contractor shall provide within seven (7) working days after notification of award. For projects over Two Hundred Thousand Dollars ($200,000) and less than Seven Hundred Fifty Thousand Dollars ($750,000), competitive quotations shall be solicited from three (3) firms. The Contractor shall respond with the information sought within seven (7) working days. When a Performance Bond is required, the Contractor shall provide within seven (7) working days after notification of award. The County will negotiate favorable project terms and conditions. Staff recommendations will then be submitted to the County Attorney and Board of County Commissioners for approval. Page -1. 168 7 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Design Build Engineers & Contractors, Corp. (DBE&C) 1801 S Perimeter Road, Suite 160, Ft. Lauderdale, FL 33309 954-771-8705 telephone 954-771-8707 fax Michael A. Thompson, MSc, CGC, PE, President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing/General Services Director Phone: 239-252-8371 Fax: 239-252-6584 # The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, Page -2- 168 7 consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each occurrence including Protection and Indemnity including crew with a minimum limit of $1,000,000 per each occurrence, if applicable. D. United States Lonashoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 168 7 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11.INDEMNIFICATION: To the maximum extent permitted by Florida law, the 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. 12.BONDS. A When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied: (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. Page -4- 168 7 If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 17.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an 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 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. A Change Order in the form attached as Exhibit "D" 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 Page -5- 16B 7 Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 18. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 19. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 21. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 22.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility Page -6- 168 7 therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 24. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26.COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, 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 Page -7- 168 7 portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 27 . LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period oftime 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 Page -8- 168 7 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. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Transportation Engineering and Construction Management Department. 29. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 09-5219, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 30. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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. 31.SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 32.SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 33.IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 34. 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. 35.0FFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 36.AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page -9- l6a 7 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: .'. Dwight E. I;lrock, Cleik of Courts B~~ D"ed. .. ~l- . Attest tI ~ li"-I ,1"na.tur~ on I' -kwe:/ t3A-o PA-/l.JG Type/Print Witness Name O"f'7' ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: M~). C+_ Fred W. Coyle, Chairman . Design Build Engineers & C tractors, Corp (DBE&C) Contractor By: Signature ,",'C.~b. e<.. T~<>\-l'''',).) Typed Signature f lte.~(()~T Title Page -10- EXHIBIT A PUBLIC PAYMENT BOND 168 7 Bond No. Contract No. 09-5219 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,20_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -11- Signed, sealed and delivered in the presence of: 16a 7 PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation. He/she is personally as identification and did (did 20_, by_ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 16 B 17 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- 168 7 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5219 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page-14- 168 7 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 20_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body. day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- ATTEST: SURETY: 165 7 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page-16- COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM .1611 "7 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 its subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President Witnesses DATE: [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as of , a corporation, on behalf of the corporation. personally known to me or has produced identification and did (did not) take an oath. He/she is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No,: Page -17- lilB 71 EXHIBIT C 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) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Contract No. 09-5219 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project 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 $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved (Type Name & Title) By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) EXHIBIT D CHANGE ORDER 168 7 CHANGE ORDER NO, CONTRACT NO. 09-5219 TO: DATE: PROJECT NAME: PROJECT NO,: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now '-----l calendar days, The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, 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. Accepted: ,20 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- 16a 7 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- 168 7 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page-21- 16i 7 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 168 7 The following warranty is attached to and made a part of this Certificate: EXHIBIT G Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 OWNER By: Type Name and Title Page -23- 168 7 EXHIBIT G WARRANTY In consideration often dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guaranties for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: - CONTRACTOR BY: Attest: Page -24- 168 7 .-----, ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATEjMMIDD/YYYY) ...........- 3/11/2010 PRODUCER (407}884-7843 FAX: (407)884-6014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION C F Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1189 ALTER THE .cOVERAGE AFFORDED BY TH~"pQLlCIES BELOW. Apopka FL 32704-1189 INSURERS AFFORDING COVERAGE NAIC# INSURED I~URERA:Mid Continen-t Casualty-""'--- 23418 Design Build Engineers & Contractors INSURER B: Progressi va Express Insurance 10193 801 N. Magno~ia Ste. 406 INSURER c: Commerce & Industry_ Insurance , I~U~~R 9~ .__'u_ ...-.. ~-_.- Orlando I FL 32803 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 CONOlTJON OF ANY CONTRACT OR OTHER DOCUMENTWTH 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 CONDITlONS OFSUCH POUCIE.S. AGGREGATE LIMiTS SHOIJIIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INsFt ADO~ POLICY NUMBER JtOl.ICY EFFECTIVE POLICY EXPIRATION LIMITS 1 GENERAL LIABILITY - ~_DAn; (JjIM/jl - T ~~H OCCURRENCE , 1 000 000 ~MMERCIAL GENERAL UABIUTY PR~fJ9"~~~~~~Cll' .- S 10 000 A X . CLAIMS MADE WOCCUR 04GLOOO773476 11/2/2009 11/2/2010 MED EXF (Anvone person) S Excluded I PfRSONA: /I. ADVINJURY , 1 000 000 ~'L AGGRE(},.,TE LIMIT APPLIES PER ! GENERAL AGGREGA I~_.. , 2 000 000 I PRODUCTS - COMPIOP AGO , 2 000 000 I X , POUC\' L~i. r ."J.lQC_ ~OMOBlLE lIABILITY I COMBINED SINGLE LIMIT , 1,000,000 ANY AUTC ; ,Ee acddant) ~_ I ALL O'MJED AUTOS r'"'''' , fODIL Y INJURY "- B 2/26/2010 . 2/26/2011 2<- (PerperSOIl) , SCHEDULED AUTOS _.. .- HIRED AUTOS I BODIL YINJURY , ....:. NCN-OV\.'NED AUTOS (peraccidenl) - .~ I I , --+----- lPROPERTY DAMAGE , I I (P~, acciderlt) ~---. RRAGE LIA"'''TY i AUTO ONl Y - FA ACCIDENT S I ANY ALITO. I OTHE.R THAN EAACC , AUTO ONLY AGG , C : EXCESS I UMBRELLA UABlLITY EACH OCCURRENCE , 1 000 000 :::!J OCCUR o CLAIMS MADE :80086453180 02/08/2010 11/2/2010 : AGGREGA1E , 1 000 000 , H ~EDUCTrelE .--- . "~. +2---. ...~ .-- t-'-- ~._- RETENTION . . WORKERS COMPENSATION f---L~I~JN~ I IO!~' AND EMPLOYERS' LlABlLl'rY VIN I, I f" eROeRIETO'''PARTN'",mc,mv' 0 . I E-L EACH ACCIDENT OFFICEFtlMEMBER EXCLUDE:)? I (Mandatory In NHI: E,L DISEASE - EA EMPLOYEE' :) ~~I~tS~~o~~6~ oolow , I E.L DI$f:ASE. POLICY LIMn s laTHER I I i --___I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLusrONSADDED BY ENOORSEMENT I SPECIAL PROVISIONS - Co~l~Qr County Board of County Commi$~ionRr$ i~li$ted a~ Additional Insured. Annual Contrac:t for Bridge Repairs . Maintenance. . CERTIFICATE HOLDER CANCELLATION brendareaves@colliergu~f.n SHOULOANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Col~.ier County BOCe DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN 3301 E. Tamiami Trail NOTICE TO THE CERTIFtCA TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHAll Naples, FL 34112 IMPOSE NO 'OBLIGATION OR LtABJUfY OF ANY KINO UPON THE INSURER; liS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE ~~__ ;;OJ/"-- Jon DeClue/JENN ACORD 25 (2009/01) INS025 (2C0901) @1988-2009ACORDCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16 : "''' 3/11f2010 14:06 LIon" Insurance LION INSURANCE CONPANY'+-O B , . CERllFICA TE OF LIABIUTY INSURANCE I c. . ., 311112010 . hoducu: Lion InsuIBnce COmpany n,.. OIrtllIQlw .. .......... fQnu oIln'OI'1Mt!1lO11 only...d oont.... aD rtgh. upon.thI CerttfIc:a_HokIer. Thill c.rtmutacto.Mta_4 .....d.or.ltr 2739 U.S. HighWay 19 N. the c>>~.ffoIded by '" palld_ .IIM. Holiday, FL 34691 , . Ins..~rs AffordlnlJ coY~ ' NAlCO' lnaured; Sdi.rtt1East' P~rsonnel Leasing, Inc. ' , ......" lbnlnlu,.ftCllCaft1:;lIny I, 11075 . ' 1lN:~B: , 2739 U.S: Highway 19 N. ..........c; Holiday. FL 34691 ~o; , , btnI E: Coverages ' '. " -c- , _,_bIIOW_~-"~~ 10 " c.y~~~ ~_~~O!.~_~aii.'''''c'' -.ell '"CWIIllftaM;nwrblJIf;!lllIdOltnflipMel".,...in....__~dMJt>tNj)OIci..5MCIladr..lnl'~IO...........,IlllItlUII~.Il'III~ol..:tlIM'l6n, ~""~~_bNrrfMJcIdbi ...-, " , '" . ' , m. ~I Type of Inmncc Poley Ntmb.r ~&ff~ __0'" Um/ts: em - . , (MM,uOlYY) . rMMIOD/YY) . ~NERAL UABlLITY ' ,. -- . , ~cj7nerclaIGeneralU.~ity. ' . ,~kll-.dptttlild(E", , ...... Oalm$ Made O' Oeeu" lJl:l1IIT1IlIt.) I-< ' -"" I . P,~Mv~ . . p"neral aggregBte r~ apc:6es ~r: b"''' D- 0 Lee Ge,,"~." I. , , ProMts-~Agg OTOIlO~LE '~BtJTy C:omblrwd9ingltLlmit , tE"'~d~ , """'" Botlll~ , . " 'u,,""'''''' " I"''',",~l ~~1>ulo' HrI<l1UlK eodtt.,)lIY Nan.~d""" . .. 'CP_k.ea.1lJ ,. , Pr~~ , , '. , (P.....ccklerc) , &dIOcCI.tTlJflttl EXCESSlUMBRELU UABIUTY =l'~D~- . -, Do_ , A Work..... Compensation And we 71948 '_ 01JOl12010 0110112011 . xl~= I I'~~ ~' Llobllly - '. An(prOstrielor~IrIn.~/~ofl\c.mnmmv r E.L. Each Atdd.nt ,Il.ooo.llOO """,,"011 ' , . E.l. DI.e_. E. Employg. . 11.000.000 )I' YR, ~scribII amd... specbII pnMahx!a 1Hi1clw. , , e.LOIsaaI..PDf;yUrrits' ".000.000 , ""'"' . Uon 1n:turMce ComNnY It A.M.lut ComlUWllv ret.d A- fExc:elm1t), AMI # 12616 Desc~S1 of Op.ratloncll.oe.UonsNthldtsl!xd~ .deled by I!ndcar'serMntlSpedal PrClvIIlJons: c&ent 10: 42-.B-002 CoveJ'agae only IIPPlts to Ilcltve employe.e{s) of ~ull1 EiIIstPd'liOnneI L.east~iInc. that are:.Je~ to ltle foUowing ~C~ent C~y": Dealgn.Buird Engin.en. contnc:tO~ corp. . Coverage only ~I" to irtil.l1O$ lnemd by south' East ~ri'1cllea&ing, lnc.. '.actlve emploYee(s) .' ,w1iIe wo~lng 'In F1or1dill. Coverage c:fon not lIpp1y to stB~ry ~yee{s) or Independent 'contrKtcr(s) of the CIIC1t Cornpa1y Dr_BnY othl!!r entity~ , A list of lhe,l!lCtIve er"f"9Ioyee(s) leased to the alent CcinplVlY CBn be'obtalned )y faxing a ('eqJH\ to (727) ri37-2138 or by calling (727) 938-5562. Project Nem_: "'fOR BID FV.RPOSES ONLY'" CON'TAACT AnnJaI contract for bndoe ~a1rs &. mlll~.n~1 Collar COU'lt:y, Rotida FAX: 407-648-1064/1SSUE'03-11-10(CF) . . IIafIIln ~12ISJ~; CERTl'lCATI!HOl..D6t CON ", COlliER COl..lfI!I , auAR.DOFCOlI\ITYCOl....US~IONERS, '/IOIJlllIVft...IIboftQMlClibMIPol~8btctlaled'*'Cft...~e..Illfreof,.,.I;aiI\g.,.I.If."'" .rdJ........1ICI mell ~dIl'SIIWIllWoMlIA III NctlOk6ltl'''lld..M:'I'ltd 10 lit lIft.blrrtl'" to de $0&/11I1 impoSt";" .cllIIOf.or\orltoblttrOl""ldfldtClon....III.....itr8CIMU(~.IIIlftft. , 3JCll E, TAMIAMI TRAIL , ,'a4./..-- NAPLES, FL 34112 . ' ~ ESIGN UILD ENG / COLLIER to III