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Backup Documents 07/27-28/2010 Item #16C 4MEMORANDUM 16C4 Date: August 4, 2010 To: Diana Deleon, Contracts Technician Purchasing & General Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5518 "Designated Driveways for Solid Waste" Contractor: BQ Concrete, Inc. Enclosed please find an original, as referenced above (Agenda Item #16C4, which were approved by the Board of County Commissioners on Tuesday, July 27, 2010. The Minutes & Records Department has retained the original for the Board's Records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosures (1) ITEM NO.: FILE NO.: ROUTED TO: 1 16C4 DATE ECEIVE : �G DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: July 27, 2010 To: Office of the County Attorney Attention: Jeff Klatzkow From: Diana De Leon, Contract Technician Purchasing Department, Extension 8375 Re: Contract: #10 -5518 "Designated Driveways for Solid Waste" Contractors: A.Q. Concrete, LLC Neubert Construction Services, Inc. NR Contractors, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on July 27, 2010; Agenda Item 16.C.4 This item has not been submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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: Dayne Atkinson, PU Planning & PM RLS # ), 0 CHECKLIST FOR REVIEWfNG CONTRACTS Entity Name: , Cori e 02, L. L. C �' Entity name correct on contract? es No 16C4 Entity registered with FL Sec. of State? s No Insurance Insurance Certificate attached? es No Insured registered in Florida? Yes No Contract # &/or Project referenced on Certificate? es No Certificate Holder name correct (BCC)? Yes No Commercial General Liability General Aggregate Required $ Provided Products /Compl/Op Required $N Provided Personal & Advert Required $ Provided Each Occurrence Required $i� _ Provided $ ec / Fire/Prop Damage Required $ Provided $__A Automobile Liability Bodily Inj & Prop Required $ provide $ Workers Compensation 00\L svn . , : Each accident Required Provided $ � Disease Aggregate Required $ Provided Disease Each Empl Required $ Provided t7-r�: Umbrella Liability Each Occurrence Provided $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $_ Per Aggregate Required $ Provided $_ Other Insurance Each Occur Type: 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 dollar amount match contract? Agent registered in Florida? Exp. Date Exp. Date Exp. Date Exp. Date Exp. Date Exp Date Exp Date Exp Date Exp Date Exp Date Exp Date Yes No Exp. Date Exp. Date Provided $ Exp Date t' s No Yes No Yes No Yes No Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? Yes No Correct title of executor? es No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? ' No Clerk's attestation signature block? /,es No County Attorney's signature block? No Attachments Are all required attachments included? Yes No Reviewer Initials: Da te: 04- COA.-01030/22 MEMORANDUM TO: Ray Carter Risk Management Department "� / FROM: Diana De Leon, Contract Technician Purchasing Department jp DATE: July 27, 2010 RE: Review of Insurance for Contract: #10 -5518 Driveways for Solid Waste" Contractors: /B.Q. Concrete, LLC Neubert Construction Services, Inc. NR Contractors, Inc. "Designated This Contract was approved by the BCC on July 27, 2010; Agenda Item 16.C.4 Please review the Insurance Certificates for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8375. DATE RECEIVED JUL 2 8 2010 RISK RA;W&KNT dod C: Dayne Atkinson, PU Planning & PM 16C4 + SmithKristen 16C4 From: RaymondCarter Sent: Thursday, July 29, 2010 10:32 AM To: DeLeonDiana Cc: AtkinsonDayne; HerreraSandra; mausen_g; SmithKristen Subject: Contract 10 -5518 "Designated Driveways for Solid Waste" All, I have approved the certificate(s) of insurance provided by B.Q. Concrete, LLC for contract 10 -5518. The contract will now be forwarded to the county attorney's office for their review. 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. vww.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity N me Florida Limited Liabili Comoanv B.Q. CONCRETE, L.L.C. Filing Information Document Number L05000073794 FEI /EIN Number 203251088 Date Filed 07/27/2005 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 10/27/2009 Event Effective Date NONE Principal Address 48 WICKLIFFE DRIVE NAPLES FL 34110 US Mailing Address 48 WICKLIFFE DRIVE NAPLES FL 34110 US Registered Agent Name & Address QUARLES, BUDDY 48 WICKLIFFE DRIVE NAPLES FL 34110 US Manager /Member Detail Name & Address Title MGRM QUARLES, BUDDY 48 WICKLIFFE DRIVE NAPLES FL 34110 US Annual Reports Report Year Filed Date 2008 01/24/2008 2009 10/27/2009 2010 03/31/2010 16C4Page 1 of 2 Document Searches Forms Help Document Images 03/31/2010 --ANNUAL REPORT View image in PDF format Entity Name Search Submit http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= L0500007379... 7/8/2010 -*vww.sunbiz.org - Department of State Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Copvriqht© and Privacv Policies State of Florida, Department of State Page 2 of 2 16C4 I Entity Name Search Submit http: / /www. sunbiz. org/ scripts /cordet. exe? action = DETFIL &inq_doc_number= LO5000073 79... 7/8/2010 AGREEM ENT 10 -5518 16C4 for "Designated Driveways for Solid Waste" THIS AGREEMENT is made and entered into this 27 day of July, 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 ") and B.Q. Concrete, LLC, authorized to do business in the State of Florida, whose business address is 48 Wickliffe Drive, Naples, Florida 34110 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on July 27, 2010, and terminating July 26, 2011, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have one additional, one (1) year renewal, 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 Designated Driveways on an as- needed basis as may be required by the County in accordance with the terms and conditions of Bid #10 -5518 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 County 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, the County shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand Dollars ($50,000) or less, the County shall obtain a proposal from one of the awarded Contractor(s), negotiate favorable project terms and conditions, and issue a Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than One Hundred Thousand Dollars ($100,000), the department shall quote out the work among all awarded Contractor(s), or competitively solicit for new quote. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a Work Order, signed by the Department Director and Division Administrator to initiate the projects. In each Request for Quotation, the County reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16C4 3. THE CONTRACT SUM: The County 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: B.Q. Concrete, LLC 6017 Pine Ridge Road, #329 Naples, FL 34119 Phone: 239 - 293 -8325; Fax: 239 - 594 -5351 Attention: Buddy Quarles 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. County 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- 16C4 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 Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 16C4 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11.INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 County, 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 County'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 County 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. County 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 County may nullify the whole or any part of any approval for payment previously issued and County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County'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- 16C4 If any conditions described above are not remedied or removed, County may, after three (3) days written notice, rectify the same at Contractor's expense. County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by County 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 County'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 County 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 County 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 County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against County 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. County 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 County, and County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of County 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 County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Page -5- 16C4 Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as County 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 County 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 County. 20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of County. 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 County. 21. WARRANTY. Contractor shall obtain and assign to County 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 County 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 County 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 County. 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 County 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. Page -6- 6 P 4 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 therefore, pay all costs in connection therewith and furnish to the County 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 County. 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 County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify County. The County shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by County 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County 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 County) is ready for its intended use, Contractor shall notify County in writing that the entire Work (or such designated portion) is substantially complete and request that County issue a Certificate of Substantial Completion. Within a reasonable time thereafter, County and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If County does not consider the Work (or designated portion) substantially complete, the County shall notify Contractor in writing giving the reasons therefor. If County considers the Work (or designated portion) substantially complete, County shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the Page -7- 16C4 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. County shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but County 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, County will make such inspection and, if County 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 County, 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 County. County reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the County 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 County. 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 County when construction is sufficiently complete, in accordance with the Contract Documents, so County 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 County within the time specified in the Request for Quotation. County and Contractor recognize that since time is of the essence for any work under this Agreement, County 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, County 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 County 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 Page -8- estimate of the County's actual damages at the time of contracting I &Ca#6r fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste 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, ITB No. 10 -5518, 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. Page -9- 16 C4 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. 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: DwiA E. Brq ; 0A g1court By 6K� ' r Dated.. First Witness av� X Aa ul ea Q Type /Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: W. Fred W. Coyle, Chairman B.Q. crete, LLC By. Signature Typed Signature Seco itness Ti e & S Mw4 Type /Print Witness Name Approved as to form and leq4l-awfficiency*/,--\ / County Attorney Page -10- Item # ��-` Agenda Nte �o R' Depu Clerlt EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, and are held and firmly bound to Oblige in the sum of the payment whereof we bind ourselves, and assigns, jointly and severally. 16C4 Bond No. Contract No. 10 -5518 as as Surety, located at (Business Address) as ($ ) for our heirs, executors, personal representatives, successors 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 16C4 in the presence of: PRINCIPAL: Witnesses as to Principal STATE OF _ COUNTY OF By: _ Name: Its: The foregoing instrument was acknowledged before me this of 20_, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) No Page -12- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by of to me OR has produced oath. My Commission Expires: (AFFIX OFFICIAL SEAL) 16C4 as Surety, on behalf of Surety. He /She is personally known as identification and who did (did not) take an (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -13- EXHIBIT A -2 PUBLIC PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and executors, , as Surety, located at 16C4 Bond No. Contract No. 10 -5518 (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bonc 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 ourselves, our heirs, 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- 16 C 4..,4 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this 20_, by , as a He /She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- 16C4 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and County, 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 County 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 County from all demands or suits, actions, claims of liens or other charges filed or asserted against the County 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. AN ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR The foregoing instrument was acknowledged before me this , 20_, by of a President [Corporate Seal] day of , as 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: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -17- Y6C4 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the COUNTY) or Collier County Water -Sewer District (the COUNTY) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE Bid No. 10 -5518 Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from COUNTY 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 COUNTY at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to COUNTY); (3) all amounts have been paid for work which previous payments were issued and received from the COUNTY and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's. Name) (Signature) DATE:_ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By COUNTY'S Project Manager: Page -18- (Signature) DATE: _ (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. TO DATE CONTRACT NO. 10 -5518 16C4 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 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: By: By: DESIGN PROFESSIONAL: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -19- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 16C4 This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, 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- 16C4 The responsibilities between COUNTY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: COUNTY: 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 Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on , 20_ COUNTY Type Name and Title Page -21- 16C4 + COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, 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- 16C4 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 COUNTY accepts this Certificate of Final Completion on 20 COUNTY By: Type Name and Title Page -23- 16C4 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- Apr. 9. 2010 3:05PM PARLIN INS AGENCY 239 -263 -8696 No. 9175 P. �11§0 4 Pnllnv Nurnhpr bate Entered: 0 CERTIFICATE OF LIABILITY INSURANCE aA16 Wl 2 9/ 4� 9,2010 010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the pollcy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require on endorsement. A statement on this certificate does not confer rlghte to the certificate holder In lieu of such endorsement a . PRODUCER Parlin Insurance Agency PO Box 366697 Bonita Springs, SL 34136 HARE: NO E (239)263 -3141 F (239) 26.3-8996 A 24520 Production Cr,, A4 PR cucER Bonita Springs, FL 34135 INSURER(B)AFFORDING COVlRAQE NAIL INSURED BQ CONCRETE, INC. INSURSRA:NO3LTNPOII= 'NO' CO. 4100,000 MED EXP CA& 00=4 $5,000 PERSONAL&ADVIN.IURY INSURER 0: INSURER C: GENERAL AGGREGATE RUDDY QUART.198 40 WICKLIFFE DR. NAPLES, FL 34110 INSURER D I PRODUCTS- COMPlOPACC 42,000,000 S INSURER a AUTOMOBILELIANILITY INSURIER. F ^ SIUMAr_rM nenrlelrare ununeo. "i WISICJM mllmnNw.- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDAHOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE -BEEN REDUCED BY PAID CLAIMS. R TYPE OFINBURANO! ADDL BR wwo POLN:YNUMlER POLIGY �9�2010 POLICY EXP �9�2011 LIMITS A OENERALLIAEILIiY COMMERCIAL CLAMS -JADE IN OCCUR LIMITS ARE AS X FA8:252 -6597 ATTNt BREDA REAVES 10 -0209 EACHOCCURRENCE 411000,000 8 TO R6NTED P E 4100,000 MED EXP CA& 00=4 $5,000 PERSONAL&ADVIN.IURY 11,000,000 OF INCEPTION GENERAL AGGREGATE 521000,000 S&VLACIORIZOAYE LINETAPPLIE8 PER POLICY PRO- LOG PRODUCTS- COMPlOPACC 42,000,000 S AUTOMOBILELIANILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•O WNED AUT08 COMBINED SINGLE LIMIT (Ea moddenl) $ BODILY INJURY (Parperson) S BODILY INJURY (par somdenry S PROPERTY DAMAGE (Per docidenl) S $ e UMBRELLA LIAR EXCESS LIAR OCCUR CLAMS-MADE EACH OCCURRENCE S AGGREGATE DEDUCTIBLE RETENTION i S e WORKERS COMPENSATION AND EMPLOYER!' LIAEILkW OFFFFICEWMEMBOERREXCLUOERD9 CUTIVEY� (Malldsaery In NH) B describe under DESCRIPTION OF OPERATIONS below NIA OTH- ELEACNACCIDfcNT s E.L. DISEASE - EA EMPLOYE $ E. L. DISEASE • P LICYLIMIT i DEGCRIPTION OF OPERATIONS /LOCATIONS IVEN(OLES (ABaah ACORO 101, Addlgonal Remarks Bahaduls, N mere toles Is nqulfad CONCRETA CONSTRUCTION, MASONRY 8 FENCE ERECTION ADDITIONAL, INSURED: COLLIER COUNTY BOARD OF COMMISSIONERS fLFATIFICATF Nru nFo CANCFI_I_ATION i \ 1 COLLIER COUNTY HOARD Or CONaa$Sx0NzRS SHOULOANYOF T D D POLICIES ea CANCELLED BEFORE THE EXPIRATION TH SO ItLGEDELNERED W 3301 T1IMYAMi TRAIL E. ACCORDANCE" S Ns. AUTI?0RIZFDREPRESENTA V \\ NaWLES, rL 33957 FA8:252 -6597 ATTNt BREDA REAVES DEEDRA WILLI E\ ®1986 -20 AUURU L;Q7 1KA 1 IuN. AEI rlgnE3 reaerVea. ACORD 25 (2009109) The ACORb name and logo are registered marks of ACM j Produced using Panne Boas Plus soltwaro, www.FarmsBess.com; Impressive Publkhlrg SW209 -1977 # 7/30/2010 15:06 Lion Insurance LION INSURANCE COMPANY - *COLLIER COUI 6 C 4 CERTIFICATE OF LIABILITY INSURANCE Date 7/3012010 Producer: Lion Insurance Company 2739 U.S. Highway 19 N. 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. Holiday, FL 34691 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. Insurer A: Uon Insurance Company 11075 Insurer B: 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condili on of any contractor other document with respect to which this certificate maybe issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such poi LIES. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Claims Made 1:1 Occur Damage to rented premises (EA occurrence) $ Mod Exp Personal Adv Injury General aggregate limit applies per: Policy ❑ Project ❑ LOC General Aggregate Products - ComplOp Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Bodily Injury Hired Autos Non--Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS /UMBRELLA LIABILITY Each occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2010 01/01/2011 x I WC Statu- OTH- Employers' Liability I tory Limits ER E.L. Each Accident $1,000,000 Any proprietor /partner /executive officer/member E.L. Disease - Ea Employee $1,000,000 excluded? If Yes, describe under special provisions below. E.L. Disease - Policy Limits $1.000.000 other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AM # 12616 Descriptions of Operations /Locations/Vehicles /Exclusions added by Endorsement/Special Provisions: Client ID: 41-65 -750 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to the following "Client Company ": B.Q. Concrete, L.L.C. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. active employee(s) , while working in Florida. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937 -2138 or by calling (727) 938 -5562. Project Name: FAX: 239 - 594 -5351 & 239 - 252 -6597 / ISSUE 07 -30-10 (CF) Beoin Date: 3/29/2007 CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Should anyofthe above described policies be cancelled beforethe expiration date thereof. the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any Wind upon the insurer, its agents or representatives. 3301 TAMIAMI TRAIL EAST NAPLES, FL 34109 /J 16C4 JUL -30 -2010 13:46 From: To:239252659 Pase:1 ,'1 CERTIFICATE OF INSURANCE XX ALLSTATE INSURANCE COMPANY ❑ALLSTATE INDEMNITY COMPANY []ALLSTATE TEXAS LLOYD'$ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, CXTC• ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of FW to whom this Certificate is Issued Name and Adarm of Insured Collier County Board of Commissioners 80 Concrete LLC GENERAL AGGREGATE LIMIT (Other than Products - Completed Operations) 48 Wickliffe Dr. Naples, FL 34110 -1332 i ma w w wiury uwt PLwu= Dr irmuiance usieo Daiow nave peen msuro to ono insured named above subjaCt to me expiration date Indicated below, netwithStanding any roquirweafti, 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. TYPE OF INSURANCE ANrb LInrITA COMMERCIAL GENERAL LIABILITY Policy Effective Expiration Number Date Date Limit Amount GENERAL AGGREGATE LIMIT (Other than Products - Completed Operations) $ PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMB S ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' LIABILITY Number Date Date Covers o Limits WORKERS' COMPENSATION STATUTORY - a ies only in the follow/ states: EMPLOYERS' BODILY INJURY BY ACCIDENT 1 $ EACH ACCIDENT LIABILITY BODILY INJURY BY DISEASE 1 i EACH EMPLOYEE BODILY INJURY RY DISEASE 1 $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Expiration Numbar 048912427 Date 7123108 Data 7/23/09 Coverage Basis Ornits 03 ANY AUTO X OWNED AUTOS HIRED AUTOS Combined Single Limit of Liability BODILY INJURY & PROPERTY DAMAGE 1 $ 1,000,000 EACH ACCIDENT ❑ SPECIFIED AUTOS NON - OWNEO AUTOS S lit Liablilly Limits Bodil Injury 11 OWNED PRIVATE PASSENGER AUTOS $ Pro Damage Each OWNED AUTOS OTHER THAN PRIVATE PASSENGER Is I PERSON I $ I ACCIDENT UMBRELLA LIABILITY Policy Effective Expiration Number Data Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS - COMPLETED OPERATIONS AGGREGATE $ $ $ OTHER (Show Policy Effective Expiration typo of Policy) Number Data Da1A DESCRIPTION- OF OPERATIONSrLOCAfiIONSAlElalCi :�SlRESTRiCTigNS /SPECIAL:- rrFinS :. ;. -; < •. ' Collier County Board of Corn %,eDr,811 T CANCELLATION Number or days notice 30 A VY 7/30/10 Autho etl Repreeentative t Date Should any of the above described policies be cancelled before the expiration date, the issuing Company will endeava ail within the number of days entered above, written notice to the Certificate holder narrW above. But failure to mail such notice shall imoo.e nn.Ni,,mi— — H.Wlls. nr —, L:..A U10523.2 16C4 Patricia L. Morgan From: DeLeonDiana [DianaDeLeon@colliergov.net] Sent: Friday, September 17, 2010 9:20 AM To: Patricia L. Morgan Cc: Tibbetts, Rhonda; AtkinsonDayne Subject: 10-5518 Designated Driveways for Solid Waste Attachments: 10-5518 Amend #1 (NR Contractors). pdf; 10-5518 Amend #1 (BQ Concrete).pdf; 10-5518 Amend #1 (Neubert).pdf Pat, Please attach the amendments to the contracts. Thanks, Diana De Leon Purchasing Dept (239)252-8375 Under Florida Law, e-rnail addresses are public records. If you do not want your e-rnail 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. 16C4 EDIT A -1 Contract Amendment #1 10 -5518 "Designated Driveways for Solid Waste" This amendment, dated 7 / S� , 2010 to the referenced agreement shall be by and between the parties to the original A eement, B.Q. Concrete, LLC (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 10 -5518 "Designated Driveways for Solid Waste" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlining--. deletions from the Agreement are shown by strikethroughs. Section 1 COMN[ENCEMENT shall be amended as follows: The contract shall be for a one (1) year period, commencing on July 27, 2010, and terminating July 26, 2011, 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 (ISO) 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 tefm the effeet Section 2 STATEMENT OF WORK, delete and replace paragraph 2 and 3: For purchases estimated to be less than $50,000 per order: the department may select one of the awarded Contractor( quote out the work among all awarded Contractor(s). or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100.000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The County will eig ierally use a purchasing card for the order process or a County purchase order. ,W . _ 1 111 • .I • 11 111 _ _ 111 _ • • • • For purchases estimated to be less than $50,000 per order: the department may select one of the awarded Contractor( quote out the work among all awarded Contractor(s). or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100.000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The County will eig ierally use a purchasing card for the order process or a County purchase order. ,W •_ 1 111 • .I • 11 111 _ _ / _ • • • • For purchases estimated to be less than $50,000 per order: the department may select one of the awarded Contractor( quote out the work among all awarded Contractor(s). or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100.000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The County will eig ierally use a purchasing card for the order process or a County purchase order. ,W 16C4 Section 29 COMPONENT PARTS OF THIS CONTRACT shall be amended as follows: 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, TTB No. 10 -5518, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Qu iens -eF Wer-k Order- Purchase Order. Hourly Rates (Attached as Schedule A) shall be added to the contract. All other terms and conditions of the agreement shall remain in force. 16C4 Schedule A Hourly Rates Superintendent $50.00 /hour Carpenter /Concrete- Finisher $30.00 /hour Carpenter /Concrete- Laborer $15.00 /hour Percentage Mark -Up on Parts and Materials 15% Percentage Mark -Up on Subcontracted Work 10% IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seats on the date(s) indicated below. CONTRACTOR: B.Q. Concrete, LLC Accepted: A / 5� , 2010 OWNER: BOARD OF COUNTY CQMMISSIONER"S OF C LIER C , FLORIDA By: Da son, Project Manager JP RTMENT DIRECTOR By: i - Stephen Y. C CONTRACT TECHNICIAN By Diana Leon 16C4 MEMORANDUM Date: August 4, 2010 To: Diana Deleon, Contracts Technician Purchasing & General Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5518 "Designated Driveways for Solid Waste" Contractor: NR Contractors, Inc. 26C4 Enclosed please find an original, as referenced above (Agenda Item #16C4, which were approved by the Board of County Commissioners on Tuesday, July 27, 2010. The Minutes & Records Department has retained the original for the Board's Records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosures (1) 164 ITEM NO.: DATE RECEIVEJ�k FILE NO.: ROUTED TO: 10- PACT - ©1 5 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES lq-q Date: July 2-7, 2010�JP-,, To: Office of the County Attorney Attention: Jeff Klatzkow From: Diana De Leon, Contract Technician Purchasing Department, Extension 8375 Re: Contract: #10 -5518 "Designated Driveways for Solid Waste" Contractors: B.Q. Concrete, LLC Neubert Construction Services, Inc. VNR Contractors, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on July 27, 2010; Agenda Item 16.C.4. 45 A- V This item has not been submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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: Dayne Atkinson, PU Planning & PM N MEMORANDUM TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician Purchasing Department DATE: July , 2010 RE: Review of Insurance for Contract: #10 -5518 "Designated Driveways for Solid Waste" Contractors: B.Q. Concrete, LLC Neubert Construction Services, Inc. NR Contractors, Inc. This Contract was approved by the BCC on July 27, 2010; Agenda Item 16.C.4 Please review the Insurance Certificates for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8375. we C: Dayne Atkinson, PU Planning & PM 16 C4 A IF DATE RECEIVED JUL 2 9 2010 RISK HAWSEMENT 16C4 SmithKristen From: RaymondCarter Sent: Thursday, July 29, 2010 11:03 AM To: DeLeonDiana Cc: AtkinsonDayne; mausen_g; HerreraSandra; SmithKristen Subject: Contract 10 -5518 "Designated Driveways for Solid Waste" All, I have approved the certificate(s) of insurance provided by NR Contractors, Inc. for contract 10 -5518. The contract will now be forwarded to the county attorney's office for their review. 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 Home Contact Us Previous on List Next on List E- Filing Services Events No Name History Detail by Entity Na e Florida Profit Cor orati N R CONTRACTORS INC. Filing Information Document Number V65550 FEI /EIN Number 650363958 Return To List Date Filed 09/18/19/DM State FL Status ACTIVE Last Event CANC ISS /REV Event Date Filed 03/11/2010 Event Effective Date NONE Principal Address 5965 AMBERWOOD DR NAPLES FL 34109 US Changed 07/14/2005 Mailing Address PO BOX 110127 NAPLES FL 34108 US Changed 05/15/2001 Reqistered Agent Name & Address MUSLIMANI, RAY 5965 AMBERWOOD DR NAPLES FL 34109 Address Changed: 07/14/2005 Officer /Director Detail Name & Address Title P MUSLIMANI, RAY 5965 AMBERWOOD DR NAPLES FL 34109 Title V MUSLIMANI, DENISE 5965 AMBERWOOD DR NAPLES FL 34109 Annual Reports Document Searches Page 1 of 2 16C4 ® 0 Forms Help Entity Name Search Submit �° http: / /www. sunbiz.org/ scripts /cordet.exe? action= DETFIL &inq_doc_ number= V65550 &inq... 8/2/2010 RLS # Q CHECKUST FOR REVIEWING CONTRACTS Entity Name: �� T Entity name correct on contract? es No Entity registered with FL Sec. of State? des No Insurance Insurance Certificate attached? es No Insured registered in Florida? es No Contract # &/or Project referenced on Certificate? s No Certificate Holder name correct (BCC)? Yes No Commercial General Liability General Aggregate Required $ w `Provided $ 2 rni Exp. Date I i Products /Compl/Op Required $A-,,; \ Provided $ r t + I Exp. Date Personal & Advert Required $ Provided $ Exp. Date Each Occurrence Required $ \rr\ l Provided $ it / Exp. Date i t Fire/Prop Damage Required $ Provided $ \ pp \L Exp. Date Automobile Liability Bodily Inj & Prop Required Provided $-�Vy`% l Exp Date 1 Workers Compensation l Each accident Required $ Provided $��L Exp Date I Disease Aggregate Required $_�_ Provided $ 1 a I Exp Date / 1 Disease Each Empl Required $ b" Prov' ed $ - -- Exp D to Umbrella Liability - -- -��0 0� Utt 1 ab; Each Occurrence Provided $ JExp Date Aggregate Provided $ Exp Date Does Umbrella sufficiently cover any underinsured portion? Yes No Professional Liability Each Occurrence Required $ Provided $ Exp. Date Per Aggregate Required $ Provided $ Exp. Date Other Insurance Each Occur Type: Required $ Provided $ Exp Date 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 dollar amount match contract? Agent registered in Florida? _J� Y s No 'es No Yes Yes KO Yes No Yes No Yes No Signature Blocks Correct executor name in signature block? es No Correct title of executor? es No Executor authorized to sign for entity? s No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: Chairman's signature block? des No Clerk's attestation signature block? es No County Attorney's signature block? Yes No J Attachments Are all required attachments included? Yes No Reviewer Initials: 2 /v Da te: 04- COA- 01030/2 16C4 AGREE MEN T10 -5518 16C4 for "Designated Driveways for Solid Waste" THIS AGREEMENT is made and entered into this 27 day of July, 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 ") and N R Contractors Inc., authorized to do business in the State of Florida, whose business address is 5965 Amberwood Drive, Naples, Florida 34109 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on July 27, 2010, and terminating July 26, 2011, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have one additional, one (1) year renewal, 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 Designated Driveways on an as- needed basis as may be required by the County in accordance with the terms and conditions of Bid #10 -5518 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 County 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, the County shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand Dollars ($50,000) or less, the County shall obtain a proposal from one of the awarded Contractor(s), negotiate favorable project terms and conditions, and issue a Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than One Hundred Thousand Dollars ($100,000), the department shall quote out the work among all awarded Contractor(s), or competitively solicit for new quote. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a Work Order, signed by the Department Director and Division Administrator to initiate the projects. In each Request for Quotation, the County reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 16C4 3. THE CONTRACT SUM: The County 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 16C4 3. THE CONTRACT SUM: The County 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: N R Contractors Inc. 5965 Amberwood Drive Naples, FL 34109 Phone: 239 - 597 -9083; Fax: 239 - 597 -4227 Attention: Ray Muslimani, 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. County 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- 16C4 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 Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 164 1 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 County, 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 County'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 County 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. County 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 County may nullify the whole or any part of any approval for payment previously issued and County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County'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- 16C4 If any conditions described above are not remedied or removed, County may, after three (3) days written notice, rectify the same at Contractor's expense. County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by County 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 County'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 County 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 County 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 County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against County 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. County 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 County, and County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of County 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 County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Page -5- 164 Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as County 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 County 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 County. 20.ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of County. 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 County. 21. WARRANTY. Contractor shall obtain and assign to County 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 County 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 County 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 County. 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 County 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. Page -6- 1604 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 therefore, pay all costs in connection therewith and furnish to the County 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 County. 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 County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify County. The County shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by County 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County 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 County) is ready for its intended use, Contractor shall notify County in writing that the entire Work (or such designated portion) is substantially complete and request that County issue a Certificate of Substantial Completion. Within a reasonable time thereafter, County and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If County does not consider the Work (or designated portion) substantially complete, the County shall notify Contractor in writing giving the reasons therefor. If County considers the Work (or designated portion) substantially complete, County shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the Page -7- 6 C 44 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. County shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but County 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, County will make such inspection and, if County 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 County, 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 County. County reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the County 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 County. 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 County when construction is sufficiently complete, in accordance with the Contract Documents, so County 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 County within the time specified in the Request for Quotation. County and Contractor recognize that since time is of the essence for any work under this Agreement, County 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, County 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 County 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 Page -8- 1604 estimate of the County's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste 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, ITB No. 10 -5518, 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 relating to or arising out of this Agreement must be courts in Collier County, Florida, which courts have matters. Page -9- to this Agreement against the other party brought in the appropriate federal or state sole and exclusive jurisdiction on all such 1604 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. 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. it A - �J�l e-64 0yj First Witness &rxk Yn`a5�,61 Type /Print Witness Name Second Witness IQWa. �C), n Type /Print Witness Name Approved as to form and le ufficien Agsi&twlt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman R tra s Inc. By. Signature \� d \ Title Page -10- // SOMDRAMOCAM MY COM6MSS[ON # DD 659154 SPIRES: Au9W 4, 2011 ftn # Agenda �(fl Rw 2 - UM tr o. EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Principal, an are held and firmly bound to Oblige in the sum of the payment whereof we bind ourselves, and assigns, jointly and severally. 1604 -1 Bond No. Contract No. 10 -5518 as as Surety, located at (Business Address) as ($ ) for our heirs, executors, personal representatives, successors 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: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 16C4 The foregoing instrument was acknowledged before me this of 20_, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) AN Page -12- 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. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -13- ,t6Cy f He /She is personally known who did (did not) take an EXHIBIT A -2 PUBLIC PERFORMANCE BOND 16C4,'i Bond No. Contract No. 10 -5518 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 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 ourselves, our heirs, 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- 1604 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this 20_, by , as ,a He /She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 16C4 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- 16C4 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and County, 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 County 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 County from all demands or suits, actions, claims of liens or other charges filed or asserted against the County arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this 20 , by corporation. [Corporate Seal] day of , as of , a corporation, on behalf of the He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -17- EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the COUNTY) or Collier County Water -Sewer District (the COUNTY) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Bid No. 10 -5518 Project No. Application Date 16C4 Payment Application No. for Work accomplished through the Date: Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: R. AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Project Name) 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 COUNTY 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 COUNTY at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to COUNTY); (3) all amounts have been paid for work which previous payments were issued and received from the COUNTY and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By COUNTY'S Project Manager: Page -18- (Signature) DATE: _ (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 20_. CONTRACT NO. 10 -5518 16 C4 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 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: By: By: DESIGN PROFESSIONAL: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -19- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 1604 This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, 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- 164 The responsibilities between COUNTY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: COUNTY: 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 Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20_ At CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on , 20 COUNTY Type Name and Title Page -21- 1604 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, 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- The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on EXHIBIT G Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 20 An- CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Final Completion on 20 COUNTY Type Name and Title Page -23- .20 16C4 EXHIBIT G 1-6 C 4 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- 1AnJ. 7 V �! DATE (MM /DD/YYYY) !�` CERTIFICATE OF LIABILITY INSURANCE 7/22/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lutgert Insurance - Naples PO BOX 112500 Naples FL 34108 NAME: Sher 1 Dunne PHONE FAX A/C No Ext: - 2 6 2 - A/C No: - - E -MAIL ADDRESS: sdunneQlut ertinsurance.com PRODUCER CUSTOMER ID #: NRCON -1 GLP0088243 INSURER(S) AFFORDING COVERAGE NAIC # EACH OCCURRENCE INSURED INSURER A:Vinin s Insurance Company $100,000 INSURER B: $5,000 NR Contractors Inc PO BOX 110127 $1,000,000 Naples FL 34108 INSURERC: $2,000,000 INSURER D: PRODUCTS - COMP /OPAGG $2,000,000 INSURER E: $ INSURER F LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: 1345937919 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IN SR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE rx_� OCCUR GLP0088243 7/16/2010 7/16/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7 PRO- 7 LOC PRODUCTS - COMP /OPAGG $2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAR EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ HOCCUR AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE ❑ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WCV008843800 7/16/2010 7/16/2011 X WCSTATU- OTR- E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE, $500, 000 E.L. DISEASE - POLICY LIMIT 1 $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The Certificate Holder is Additional Insured with regards to General Liability. t r—M I 11'11+A 1 C MULUCK GANGCLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3301 E. Tamiami Trail AUTHORIZED REPRESENTATIVE Naples FL 34112 �67 4--&& © 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Fax Server EDT 7/28/2010 2:54:10 PM PAGE Client#: 1433660 2/002 Fax Server 135NRCON 16C4 ACORDTM CERTIFICATE OF LIABILITY INSURANCE °7/28/22010 rr' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER- IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les ) must be endorsed.) 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 andomement(s). PRODUCER BB &T Oswald Trippe & Company 4089 Tamiami Tr. N, Ste A203 Naples, FL 34103 239261 -0428 NAME: PHONE No Ext :239 261 -0428 AIO Ne , 866- 802 -8677 L ADDRESS: CUSTOMERIDI: 135NRCON INSURER(S) AFFORDING COVERAGE NAIC0 INSURED NR Contractors, InC. Ray MUslimani P.O. Box 110127 INSURERA: Travelers Indemnity Company 2556556 INSURER B: INSURER D : Naples, FL 34108 INSURER E: MED EXP A one person) INSURER F: PERSONAL d,ADVINJURY $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE IN SIR POLICYNUMBER CY EFF MMID POLICY EXP MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ee occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE D OCCUR MED EXP A one person) $ PERSONAL d,ADVINJURY $ GENERAL AGGREGATE $ GEML AGGREGATE LIMITAPPLIESPER: PRODUCTS- COMPIOP $ POLICY PRO• LOC $ A AUTOMOBILE X LIABILITY ANY AUTO BA776SN45810SEL 7/01/2010 07/01/2011 COMBINED ( SINGLE LIMIT Ee accident $1 000 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULEDAUTOS HIREDAUTOS PROPERTYDAMAGE (Per accident) $ X NON-OWNED AUTOS $ $ UMBRELLALIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERWEMBER EXCLUDED? 0 NIA WCSTATU- OTH. L IER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ (Mandatory in NH) Ifyas, describe under DESCRIPTION OF OPERATIONS below _17 E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Diane 3301 East Tamiami Trail AUTHORIZED REPRESENTATIVE Naples, FL 34112 Fax 239-252-6597 / 7� �'• �� L--- ACORD 25 (2009109) 1 of 1 #S5384679/M5384668 01938-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TEDA 16C4 Patricia L. Morgan From: DeLeonDiana [Diana DeLeon @colliergov. net] Sent: Friday, September 17, 2010 9:20 AM To: Patricia L. Morgan Cc: Tibbetts, Rhonda; AtkinsonDayne Subject: 10-5518 Designated Driveways for Solid Waste Attachments: 10-5518 Amend #1 (NR Contractors). pdf; 10-5518 Amend #1 (BQ Concrete).pdf; 10-5518 Amend #1 (Neubert).pdf Pat, Please attach the amendments to the contracts. Thanks, Diana De Leon Purchasing Dept (239)252-8375 Under F lotida Law, e-mail addresses are public records. If you do not want, your e-rnail address released it, response to a public records feqUest do not send electronic mail to this entity. Instead, contact this office by telephone or In writing 16C4 EXHIBIT A -1 Contract Amendment #1 10 -5518 "Designated Driveways for Solid Waste" This amendment, dated F d i -*�— , 2010 to the referenced agreement shall be by and between the parties to the original A eement, N R Contractors Inc. (to be referred to as "Contractor ") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 10 -5518 "Designated Driveways for Solid Waste" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by strikethroughs. Section 1 COMMENCEMENT shall be amended as follows: The contract shall be for a one (1) year period, commencing on July 27, 2010, and terminating July 26, 2011, annually. AgFeement period have been eempleted. This eentmat shall have efle addifieffal, efke (1) yeff 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 teFm then in effe . Section 2 STATEMENT OF WORK, delete and replace paragraph 2 and 3: For purchases estimated to be less than $50,000 per order: the department may select one of the awarded Contractor(s) quote out the work among all awarded Contractor(s), or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100,000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The County will eg nerally use a purchasing card for the order process or a County purchase order. - Y_ 1 .. . . ....... - •. \ - \ For purchases estimated to be less than $50,000 per order: the department may select one of the awarded Contractor(s) quote out the work among all awarded Contractor(s), or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100,000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The County will eg nerally use a purchasing card for the order process or a County purchase order. - Y_ 1 - For purchases estimated to be less than $50,000 per order: the department may select one of the awarded Contractor(s) quote out the work among all awarded Contractor(s), or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100,000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The County will eg nerally use a purchasing card for the order process or a County purchase order. 16C4 Section 29 COMPONENT PARTS OF THIS CONTRACT shall be amended as follows: 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, ITB No. 10 -5518, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Qaetatie We& OrdersPurchase Order. Hourly Rates (Attached as Schedule A) shall be added to the contract. All other terms and conditions of the agreement shall remain in force. 16C4 Schedule A Hourly Rates Superintendent $50.00 /hour Carpenter /Concrete- Finisher $40.00 /hour Carpenter /Concrete- Laborer $30.00 /hour Percentage Mark -Up on Parts and Materials 15% Percentage Mark -Up on Subcontracted Work 10% IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR: N R Contractors Inc. By: 1—n I h ! Type Name of Signatory 16C4 Accepted: <o &2 / S , 2010 OWNER: BOARD OF COUNTY COMMISSIONERS OLLIER TY, FLORIDA By: D e kinson, Project Manager DEPARTMENT DIRECTOR By: CA - Steph n Y. Cffnell CONTRACT TECHNICIAN By DianitJe Leon MEMORANDUM 16C4 Date: August 4, 2010 To: Diana Deleon, Contracts Technician Purchasing & General Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #10 -5518 "Designated Driveways for Solid Waste" Contractor: Neubert Construction Services, Inc. Enclosed please find an original, as referenced above (Agenda Item #16C4, which were approved by the Board of County Commissioners on Tuesday, July 27, 2010. The Minutes & Records Department has retained the original for the Board's Records. If you should have any questions, please contact me at 252 -8411. Thank you. Enclosures (1) ITEM NO.: FILE NO.: ROUTED TO: V) , PgC-- O' (D_ Date: To: From: Re: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES July 27, 2010 Office of the County Attorney Attention: Jeff Klatzkow Diana De Leon, Contract Technician Purchasing Department, Extension 8375 16C4 DATE RECEIVED: Contract: #10 -5518 "Designated Driveways for Solid Waste" Contractors: B.Q. Concrete, LLC VNeubert Construction Services, Inc. NR Contractors, Inc. BACKGROUND OF REQUEST: This Contract was approved by the BCC on July 27, 2010; Agenda Ite 16.C.4 `� This item has not been submitted. ACTION REQUESTED: Contracts review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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: Dayne Atkinson, PU Planning & PM vo o,,�s Lo Entity Name: ?PILS CHECKLIST FOR REVIEW r WON TRACTS 10 PAC' o 7 r-t- Entity name correct on contract? ,,Wes Entity registered with FL Sec. of State? ✓Yes Insurance Insurance Certificate attached? ✓ Yes Insured registered in Florida? es Contract # &/or Project referenced on Certificate? Yes Certificate Holder name correct (BCC)? Yes Commerci 1 G 1 L' b ' 164 Cdr's -moo (A on �rUi C>ps No No No No No No a e en era ca c Z Each Occurrence Provided $ Yy\ 1 11 Aggregate Provided $ « Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ Provided $ Per Aggregate Required $ Provided $_ Other Insurance Each Occur Type: 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 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 signature block? Attachments Are all required attachments included? Exp Date b ( d Exp Date at Yes - -- No Exp. Date Exp. Date Provided $ Exp Date Y No es No Vyes Yes :�Ao Yes No Yes No Yes No Yes No Yes No Yes No Yes No �?Yes No ls s No No _Yes No Reviewer Initials: Date: 04- COA- 01030/ 2 IMI=1i4 Eel ZZ7_lk,1811AN TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician - 9" Purchasing Department artment DATE: July 27, 2010 RE: Review of Insurance for Contract: #10 -5518 "Designated Driveways for Solid Waste" Contractors: B.Q. Concrete, LLC Neubert Construction Services, Inc. NR Contractors, Inc. This Contract was approved by the BCC on July 27, 2010; Agenda Item 16.C.4 Please review the Insurance Certificates for the above - referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8375. OA's RECE10 DUI- 2 % 2010 dod C: Dayne Atkinson, PU Planning & PM 1604 ,www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation NEUBERT CONSTRUCTION SERVICES, INC. Filing Information Document Number P95000072268 FEI /EIN Number 650604970 Date Filed 09/18/1995 State FL Status ACTIVE Principal Address 1724 FOWLER STREET FORT MYERS FL 33901 US Changed 05/01/2002 Mailing Address PO BOX 2503 FORT MYERS FL 33902 -2503 US Changed 04/08/1996 Registered Agent Name & Address NEUBERT, KAREN T 2975 MCGREGOR BLVD. FORT MYERS FL 33901 -6644 Officer /Director Detail Document Searches Name & Address Title DP NEUBERT, KAREN T 2975 MCGREGOR BLVD. FORT MYERS FL Title DVP NEUBERT, ROBERT W 2975 MCGREGOR BLV FORT MYERS FL Annual Reports Report Year Filed Date 2008 05/08/2008 2009 09/02/2009 2010 04/26/2010 16 C Page 1 of 2 T Forms Help Entity Name Search Submit http: / /www. sunbiz. org /scripts /cordet. exe? action= DETFIL &inq_doc_ number= P9500007226... 7/8/2010 N,,- :vw.sunbiz.org - Department of State Document Images 04/26/2010 -- ANNUAL REPORT 09/02/2009 -- ANNUAL REPORT 05/08/2008 -- ANNUAL REPORT 04/26/2007 -- ANNUAL REPORT 04/2912006 -- ANNUAL REPORT 05/02/2005 -- ANNUAL REPORT 08/23/2004 -- ANNUAL REPORT 05/0212003 -- ANNUAL REPORT 05/01/2002 -- ANNUAL REPORT 02/19/2001 -- ANNUAL REPORT 03/09/2000 -- ANNUAL REPORT 04/29/1999 -- ANNUAL REPORT 03/1 811 998 -- ANNUAL REPORT 08/22/1997 -- ANNUAL REPORT 04/08/1996 -- ANNUAL REPORT 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 Page 2 of 2 164 09/18/1995 -- DOCUMENTS PRIOR TO 1997 View image it! PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Copvriqht© and Privacv Policies State of Florida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number--P9500007226... 7/8/2010 16C4 SmithKristen From: RaymondCarter Sent: Thursday, July 29, 2010 10:27 AM To: DeLeonDiana Cc: AtkinsonDayne; mausen_g; SmithKristen; HerreraSandra Subject: Contract 10 -5518 "Designated Driveways for Solid Waste" All, I have approved the certificate(s) of insurance provided by Neubert Construction Services, Inc. for contract 10 -5518. The contract will now be forwarded to the county attorney's office for their review. 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. A G R E E M E N T 10-5518 16C4 for "Designated Driveways for Solid Waste" THIS AGREEMENT is made and entered into this 27 day of July, 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 ") and Neubert Construction Services, Inc., authorized to do business in the State of Florida, whose business address is 1724 Fowler Street, Fort Myers Florida 33901 (hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on July 27, 2010, and terminating July 26, 2011, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have one additional, one (1) year renewal, 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 Designated Driveways on an as- needed basis as may be required by the County in accordance with the terms and conditions of Bid #10 -5518 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 County 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, the County shall provide a summary of Work to be performed which will afford the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Fifty Thousand Dollars ($50,000) or less, the County shall obtain a proposal from one of the awarded Contractor(s), negotiate favorable project terms and conditions, and issue a Work Order, signed by the Department Director to initiate the projects. For projects with an estimated cost over Fifty Thousand Dollars ($50,000) and less than One Hundred Thousand Dollars ($100,000), the department shall quote out the work among all awarded Contractor(s), or competitively solicit for new quote. The Contractor shall respond with the information sought within ten (10) working days. The County will negotiate favorable project terms and conditions, and issue a Work Order, signed by the Department Director and Division Administrator to initiate the projects. In each Request for Quotation, the County reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- 1604 3. THE CONTRACT SUM: The County 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: Neubert Construction Services, Inc. P. O . Box. 2503 Fort Myers FL 33902 -2503 Phone: 239 - 332 -8800; Fax: 239 - 332 -1991 Attention: Robert W. Neubert, VP 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. County 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- 16C4 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 Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Page -3- 16C4 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11.INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 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 County, 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 County'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 County 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. County 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 County may nullify the whole or any part of any approval for payment previously issued and County may withhold any payments otherwise due Contractor under this Agreement or any other agreement between County and Contractor, to such extent as may be necessary in the County'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- 16C4 If any conditions described above are not remedied or removed, County may, after three (3) days written notice, rectify the same at Contractor's expense. County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to County, whether relating to or arising out of this Agreement or any other agreement between Contractor and County. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by County 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 County'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 County 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 County 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 County. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against County 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. County 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 County, and County shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of County 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 County concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Page -5- 16C4 Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as County 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 County 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 County. 20. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of County. 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 County. 21. WARRANTY. Contractor shall obtain and assign to County 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 County 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 County 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 County. 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 County 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. Page -6- 16C 23. TESTS AND INSPECTIONS. If the Contract Documents or an codes, laws, ordinance Y s, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County 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 County. 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 County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify County. The County shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by County 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 County is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the County 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 County 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 County) is ready for its intended use, Contractor shall notify County in writing that the entire Work (or such designated portion) is substantially complete and request that County issue a Certificate of Substantial Completion. Within a reasonable time thereafter, County and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If County does not consider the Work (or designated portion) substantially complete, the County shall notify Contractor in writing giving the reasons therefor. If County considers the Work (or designated portion) substantially complete, County shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the Page -7- I64 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. County shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but County 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, County will make such inspection and, if County 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 County, 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 County. County reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the County 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 County. 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 County when construction is sufficiently complete, in accordance with the Contract Documents, so County 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 County within the time specified in the Request for Quotation. County and Contractor recognize that since time is of the essence for any work under this Agreement, County 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, County 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 County 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 Page -8- 16C4 estimate of the County's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste 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, ITB No. 10 -5518, 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. Page -9- 6 C 4 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. 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. ATTES,T:',,a;, >'� O;" Dwi ter• "c;'C C ?, Dated ` ;y ,r ►r" •0.r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,of Courts By. Fred W. Coyle, Chairman ► t- -1,. " �l .,.,< Type /Pry t Witness 740 e Approved as to form and leg :77), A t County Attorney Neub onstruction Services, Inc. By: Signature Typed Signature \/,.p Title Page -10- Item # JJ�14� t Dake AgendaI Rete�o Redck7 L , DWity Cleft EXHIBIT A 164 PUBLIC PAYMENT BOND Bond No. Contract No. 10 -5518 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for in accordance with drawings.and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under - signed representative, pursuant to authority of its governing body. Page -11- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: 1604 The foregoing instrument was acknowledged before me this of 20_, by as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) m Page -12- Witnesses STATE OF _ COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20_, by , as of , Surety, on behalf of Surety. to me OR has produced as identification and oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -13- 16C4 He /She is personally known who did (did not) take an EXHIBIT A -2 PUBLIC PERFORMANCE BOND 16C4 Bond No. Contract No. 10 -5518 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 executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 Oblige for ourselves, our heirs, 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- .coL4 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : Witnesses as to Principal STATE OF _ COUNTY OF PRINCIPAL: By: _ Name: Its: The foregoing instrument was acknowledged before me this 20_, by , as ,a He /She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) day of corporation, (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- _ of on behalf of the corporation. as identification and ATTEST: Witness as to Surety Witnesses STATE OF _ COUNTY OF SURETY: 16C4 (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 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: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority personally appeared who after being duly sworn, deposes and says: 16C4 (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor') releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and County, 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 County 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 County from all demands or suits, actions, claims of liens or other charges filed or asserted against the County 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. 9W ITS: DATE: Witnesses STATE OF _ COUNTY OF CONTRACTOR President [Corporate Seal] The foregoing instrument was acknowledged before me this day of , 20_, by as of a corporation, on behalf of the corporation. He /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) I► /_\►III (Signature of Notary) (Legibly Printed) Notary Public, State of Commissioner No.: Page -17- EXHIBIT C 16C4 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 10 -5518 (County Department) Project No. Collier County Board of County Commissioners (the COUNTY) or Collier County Water -Sewer District (the COUNTY) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _% after [insert date] $ Less previous payment (s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from COUNTY 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 COUNTY at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to COUNTY); (3) all amounts have been paid for work which previous payments were issued and received from the COUNTY and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE:_ (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: _ (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By COUNTY'S Project Manager: Page -18- (Signature) DATE: _ (Type Name and Title) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated 20_. CONTRACT NO. 10 -5518 1604 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 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: By: By: DESIGN PROFESSIONAL: By: COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Page -19- COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION ENGINEER'S Project No. 1604 This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, 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- 16C4 The responsibilities between COUNTY and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: COUNTY: 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 Design Professional Type Name and Title 20 CONTRACTOR accepts this Certificate of Substantial Completion on , 20 CONTRACTOR Type Name and Title COUNTY accepts this Certificate of Substantial Completion on .20 COUNTY Type Name and Title Page -21- 16C4 COUNTY'S Project No. PROJECT: CONTRACTOR Contract For _ Contract Date EXHIBIT F CERTIFICATE OF FINAL COMPLETION ENGINEER'S Project No. This Certificate of Final completion applies to all Work under the Contract documents. IF COUNTY And To The Work to which this Certificate applies has been inspected by authorized representatives of COUNTY, 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- .1 16C4 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 COUNTY accepts this Certificate of Final Completion on 20 COUNTY By: Type Name and Title Page -23- 16C4 , 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- �!i k/ 1i ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDIYYYY) M _ 07/12/2010 PRODUCER (813)282 -1965 FAX (888)883 -8680 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lassiter -Ware Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4401 W. Kennedy Blvd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Y . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 200 Tampa, FL 33609 INSURERS AFFORDING COVERAGE NAIC # INSURED Neubert Construction Services, Inc. INSURERA: Amerisure Insurance Company 19488 P 0 Box 2503 INSURERB: Amerisure Mutual Insurance Co 23396 Ft. Myers, FL 33902 INSURER C. INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YYYY POLICY EXPIRATION DATE MM/DD MYYY LIMITS GENERAL LIABILITY GL2057074 10/01/2009 10/01/2010 EACH OCCURRENCE $ 1,000, 00 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occur-e) $ 50,00( CLAIMS MADE OCCUR MED EXP (Any one pers)n) $ 10,00( A PERSONAL & ADV INJURY $ 2,000,00( _ GENERAL AGGREGATE $ 2,000,00( GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OF AGG $ 2,000,00( POLICY X PRO LOC JECT AUTOMOBILE LIABILITY CA2057072 10/01/2009 10/01/2010 X COMBINED SINGLE= LIMIT $ ANY AUTO (Ea accident) 1,000,000 ALL OWNED AUTOS - BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ - X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ -- (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIE ENT $ ANY AUTO - OTHER THAN EF ACC $ AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY CU2057075 10/01/2009 10/01/2010 EACH OCCURRENCE '.. $ 4,000,000 X, OCCUR ❑CLAIMS MADE AGGREGATE $ 4,000,000 B $ — DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION _ AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY -IMIT 1 $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Collier County Board of County Commissioners is an additional insured for premises operations der the terms & conditions of the general liability policy with respect to work being performed by he named insured as required by written contract. ' °Exce t ten 10 days for non payment of premium CERTIFICATE HOLDER CANCFI I ATION Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 25 (2009/01) 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 REPRESENTATIVE Adam W. Davidson /SHELIA"^ C 1988 -2009 ACORD CORPORATION_ All rinhts rasarvart The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE Risk Management Insurance P.O. Box 6187 Fort Myers FL 33911 -6187 Phone: 239-278-3939 Fax:239- 278 -4853 Smart Payroll Solutions LLC. 12734 Kenwood Lane STE 4 Ft. Myers FL 33907 COVERAGES 16CA DATE (I OP ID I E, SMART -1 1 08 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC * INSURER A. Guarantee Insurance Company INSURER B'. INSURER C INSURER D: INSURER E. 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ KLIN PREMISES (Ea occurence) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE F OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ POLICY PEa LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBER /EXCLUDR /EXECUTIVE GPE0189000001 -109 12/31/09 12/31/10 X TORY LIMITS ER E. L. EACH ACCIDENT $ 1000000 E. L. DISEASE - EA EMPLOYE $ 1000000 (Mandatory In NH) If yes, describe under SPECIAL PROVISIONS below E . DISEASE - POLICY LIMIT 1 $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Coverage applies to only those employees leased to but not subcontractors of Neubert Construction Services, Inc ( email: rneubert @neubertconstruction.com) Fax# 239- 252 -2469 C.CK 111"lli 1 t MVLLJtK GANGELL.AT ION ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER 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 Collier County Board of IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENT'S OR County Commissioners REPRESENTATIVES. 3001 Tamiami Trail, East A IZE EPRESENTATNE Naples FL 34112 �- The ACORD name and logo are registered marks of ACORD Patricia L. Morgan From: DeLeonDiana [DianaDeLeon@colliergov.net] Sent: Friday, September 17, 2010 9:20 AM To: Patricia L. Morgan Cc: Tibbetts, Rhonda; AtkinsonDayne Subject: 10-5518 Designated Driveways for Solid Waste Attachments: 10-5518 Amend #1 (NR Contractors). pdf; 10-5518 Amend #1 Amend #1 (Neubert).pdf Pat, Please attach the amendments to the contracts. Thanks, Diana De Leon Purchasing Dept (239)252-8375 16C4 (BQ Concrete).pdf; 10-5518 under Florida a Lavv. e-rn ail addresses are public records If you do not waril your e -mail address released in response to a public records request, do not serld electronic mail to this entity Instead, contact this office by telephone or in writing 16C4 EXIMIT A -1 Contract Amendment #1 10 -5518 "Designated Driveways for Solid Waste" This amendment, dated 5--�0?- 4 i —_ , 2010 to the referenced agreement shall be by and between the parties to the originAl Agreemeift, Neubert Construction Services, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner "). Statement of Understanding RE: Contract # 10 -5518 "Designated Driveways for Solid Waste" The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by strikethroughs. Section 1 COMMENCEMENT shall be amended as follows: The contract shall be for a one (1) year period, commencing on July 27, 2010, and terminating July 26, 2011, er- until sueh time as all eutstanding Wer-k Orders issued prief te the wipiratien of the annually. Agfeeffient pefied have been eempleied. This eent.-aet shall have ene additienal, ene (1) yeaF 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 +efm then in „cam „F Section 2 STATEMENT OF WORK, delete and replace paragraph 2 and 3: For purchases estimated to be less than $50.000 per order: the department may select one of the awarded Contractor(s), quote out the work among all awarded Contractor(s), or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100.000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The Countv will generally use a purchasing card for the order process or a Countv purchase order. .. ..� .. N -1�' Y_ .. For purchases estimated to be less than $50.000 per order: the department may select one of the awarded Contractor(s), quote out the work among all awarded Contractor(s), or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100.000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The Countv will generally use a purchasing card for the order process or a Countv purchase order. .. ..� .. N -1�' Y_ For purchases estimated to be less than $50.000 per order: the department may select one of the awarded Contractor(s), quote out the work among all awarded Contractor(s), or competitively solicit for new quotes. • For purchases estimated to be greater than $50,000 per order and less than $100.000 per order: the department may quote out work among the awarded Contractor(s), or, may conduct a separate new solicitation. • The Countv will generally use a purchasing card for the order process or a Countv purchase order. 16C4 Section 29 COMPONENT PARTS OF THIS CONTRACT shall be amended as follows: 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, ITB No. 10 -5518, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quetafiens eF Werk -Or-de Purchase Order. Hourly Rates (Attached as Schedule A) shall be added to the contract. All other terms and conditions of the agreement shall remain in force. 16C4 Schedule A Hourly Rates Superintendent $35.00 /hour Carpenter /Concrete- Finisher $25.00 /hour Carpenter /Concrete- Laborer $17.50/hour Dump Truck $65.00 /hour Loader /Backhoe $45.00 /hour Mini Excavator $35.00 /hour Percentage Mark -Up on Parts and Materials 15% Percentage Mark -Up on Subcontracted Work 10% IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. CONTRACTOR: Neubert Construction Services, Inc. 'Z"/1"j y. . w. lA T Type Name of Signatory Accepted: J , 2010 OWNER: BOARD OF COUNTY CO MISSIONERS F� C LIER WL)ORIDA By: D A mson, oject Manager D RTMENT DIRECTOR By: Stephen Y. Camel] CONTRACT TECHNICIAN By Diana Leon 16C4